United States v. James Poynor
678 F. App'x 435
| 7th Cir. | 2017Background
- In 2007 Poynor was convicted in Missouri of first-degree child molestation and sexual misconduct involving a child after exposing himself to and touching a four‑year‑old.
- Those convictions imposed a federal duty to register as a sex offender; Poynor registered sporadically in Missouri but failed to register or update his registration after moving to Illinois in 2014.
- Poynor pleaded guilty to failing to register as a sex offender, 18 U.S.C. § 2250(a), and admitted the underlying Missouri convictions and the obligation to register in Illinois and update Missouri.
- At sentencing the district court applied the Tier III base offense level of 16 and a Criminal History Category VI, yielding a Guidelines range of 33–41 months; after acceptance credit the court imposed 33 months’ imprisonment and 10 years’ supervised release.
- Poynor appealed; appointed counsel filed an Anders brief asserting the appeal is frivolous and moved to withdraw; Poynor did not respond to the court’s invitation to comment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea (Rule 11 compliance) | N/A — government relied on plea | Poynor not shown to be dissatisfied with plea (counsel unclear if consulted) | Plea substantially complied with Rule 11; transcript shows voluntariness and factual basis |
| Correct base offense level (Tier III, level 16) | Government applied Tier III based on prior convictions | Poynor could have argued misapplication but counsel found no nonfrivolous basis | No error identified; counsel correctly found no viable challenge |
| Calculation of criminal history (Category VI) | Government counted prior convictions/points | Poynor did not object at sentencing | No reversible error; counsel rightly identified no arguable issue |
| Procedural reasonableness of sentence under § 3553(a) | Government urged sentence based on seriousness/public safety | Poynor offered mitigation (education, depression, childhood); court rejected dangerousness claim but considered mitigation | Sentence is reasonable (at low end of Guidelines); § 3553(a) factors addressed adequately |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedures for counsel withdrawing on appeal when appeal is frivolous)
- United States v. Bey, 748 F.3d 774 (7th Cir. 2014) (standards for reviewing Anders submissions)
- United States v. Wagner, 103 F.3d 551 (7th Cir. 1996) (Anders procedure guidance)
- United States v. Konczak, 683 F.3d 348 (7th Cir. 2012) (counsel must consult defendant before filing Anders motion)
- United States v. Blalock, 321 F.3d 686 (7th Cir. 2003) (Rule 11 substantial compliance standard)
- United States v. Taylor, 644 F.3d 573 (7th Cir. 2011) (application of Tier III base offense level)
- Rita v. United States, 551 U.S. 338 (2007) (deference to within-Guidelines sentences as presumptively reasonable)
- United States v. Fletcher, 763 F.3d 711 (7th Cir. 2014) (reasonableness review of within-Guidelines sentences)