United States v. Forster
549 F. App'x 757
10th Cir.2013Background
- Forster was convicted after a jury trial of violating SORNA's registration requirements (18 U.S.C. § 2250(a)).
- He allegedly moved out of the registered residence at 123 Lomas Street, Mesquite, NM, in March 2010 and did not update his registration.
- He traveled abroad (including a stay in the Philippines) and did not inform law enforcement of his whereabouts for several months.
- Deputies later determined he had not resumed the registered residence and that Saavedra, the homeowner, expected him to live elsewhere upon his return.
- The government argued he knowingly failed to update his registration when his address changed; the district court instructed on residence changes and rejected a defense proposal.
- At sentencing, the court classified his prior Ohio conviction as a Tier III offense and rejected a three-level reduction for voluntary correction of the registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict | Forster knowingly failed to register. | No change of residence or knowledge of failure to register. | Sufficient evidence supports conviction. |
| Residence instruction adequacy | Residence involves intent, not mere presence. | Court should require intent to abandon residence. | District court did not abuse discretion; instructions correct. |
| Duplicity and unanimity | Government theories could mislead, risking non-unanimous verdict. | Indictment duplicitous; needs tailored unanimity instruction. | No plain error; no basis to deem indictment duplicitous. |
| Guidelines calculation and voluntariness reduction | Deserves three-level reduction for voluntary correction. | Correction not genuine; no reduction. | District court did not err; no voluntary-correction downgrade. |
Key Cases Cited
- Murphy, 664 F.3d 798 (10th Cir. 2011) (definition of residence and reporting obligation)
- Carel, 668 F.3d 1211 (10th Cir. 2011) (SORNA scope and civil component; § 16913 applicability)
- Husted, 545 F.3d 1240 (10th Cir. 2008) (evidence of residence change and interstate travel)
- Irvin, 682 F.3d 1254 (10th Cir. 2012) (sufficiency review standard; viewing record in light most favorable to government)
- Trammell, 133 F.3d 1343 (10th Cir. 1998) (timing of duplicity objections and waiver)