United States v. Leach
2011 U.S. App. LEXIS 9040
7th Cir.2011Background
- Leach, a prior sex-offense offender, moved from Indiana to South Carolina in 2008 without updating registration where he resided.
- He was convicted in 1990 of child molestation and did not register upon release in 1994 as Indiana first required.
- In 2004 and 2007, Leach did register in Indiana and acknowledged ongoing registration obligations, including changes of residence.
- Leach moved to South Carolina in 2008 but did not register there or update Indiana registration; an anonymous tip prompted investigation.
- In 2009, Leach was arrested in South Carolina and returned to Indiana, where he was indicted for knowingly failing to register after traveling in interstate commerce; he pled guilty conditionally, preserving the Ex Post Facto challenge.
- The district court denied dismissal; Leach appeals the conviction on Ex Post Facto grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORNA violates the Ex Post Facto Clause. | Leach argues SORNA’s registration penalties are retroactive. | Leach asserts the registration regime increases punishment for his pre-SORNA conviction. | Not violated; regime is regulatory, not punitive. |
Key Cases Cited
- Carr v. United States, 130 S. Ct. 2229 (2010) (travel-based § 2250 liability; § 2250 not retroactive)
- Smith v. Doe, 538 U.S. 84 (2003) (civil, not punitive sex-offender registration)
- United States v. Dixon, 551 F.3d 578 (2008) (SORNA registration viewed as regulatory)