United States v. Brewer
2010 U.S. App. LEXIS 25845
| 8th Cir. | 2010Background
- Brewer pleaded guilty in Hawaii (1997) to qualifying sex offenses and was placed on probation with duties to register as a sex offender.
- Arkansas enacted an SOSA registration regime (1997) requiring registrants moving to Arkansas to register within 30 days after Aug. 1, 1997 or residency.
- Brewer registered in Arkansas in Feb. 1998, and again in Aug. 2000, Sept. 2003, and Feb. 2004, disclosing Hawaii conviction.
- Brewer moved to South Africa (2005) for studies and returned to Arkansas in 2007 but did not re-register.
- Federal indictment for failure to register under SORNA followed; Brewer moved to dismiss—rulings denied; he appealed.
- Arkansas precedents (Kellar, Williams) held § 12-12-905(a)(2) applies to those still subject to registration requirements as of Aug. 1, 1997; district court followed them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to re-register under Ark. law | Brewer had no Arkansas duty due to 1997 adjudication before amended §12-12-905(a)(2). | Ark. decisions controlling; Brewer had a duty to register in Arkansas after Hawaii conviction. | Brewer had a duty; indictment valid and affirmed. |
| Ex Post Facto applicability of §2250 after SORNA | May controls; no Ex Post Facto violation. | Baccam controls; could be issue of knowledge but not dismissal. | Not an Ex Post Facto violation; May and Baccam binding. |
| Reasonableness of 15-year supervised release term | Procedural error; district court failed to explain reasoning. | Sentence within §3553(a); properly considered factors. | Procedural error not preserved; sentence affirmed as reasonable. |
Key Cases Cited
- United States v. May, 535 F.3d 912 (8th Cir. 2008) (SORNA Ex Post Facto challenge rejected)
- United States v. Baccam, 562 F.3d 1197 (8th Cir. 2009) (SCIENTER satisfied by knowing violation of state/local rules)
- United States v. Howell, 531 F.3d 621 (8th Cir. 2008) (denial of certain pretrial motions—standard de novo review)
- United States v. Thundershield, 474 F.3d 503 (8th Cir. 2007) (longer supervised-release terms for sex offenses were contemplated by Congress)