United States v. Pilati
627 F.3d 1360
| 11th Cir. | 2010Background
- Pilati, former District Attorney, was convicted by a magistrate judge on five counts of deprivation of rights under 18 U.S.C. § 242 arising from sexual contact during drug-testing procedures.
- The victim A.Y. was 17 years old at the time of the offense according to the PSI.
- At sentencing, the magistrate judge ruled Pilati must register as a sex offender under SORNA, based on the underlying conduct toward a minor.
- Pilati argued he was not convicted of a qualifying sex offense and that a jury did not specifically find a minor-victim sex offense; objections were raised to the PSI and at sentencing.
- Neither party objected to the magistrate judge’s finding that A.Y. was a minor, and the sentence included a three-day deadline to register as a sex offender.
- Pilati appealed under 18 U.S.C. § 3402; the district court affirmed the magistrate judge’s SORNA registration decision; Pilati later challenged preservation of other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORNA registration was error | Pilati argues no qualifying offense and no jury finding of a minor-sex offense. | Government contends underlying conduct qualifies as a sex offense against a minor and facts admitted via PSI. | SORNA registration affirmed; no reversible error. |
| Preservation of issues raised on appeal | Pilati contends issues were preserved on appeal to the district court. | Waiver/abandonment applies for issues not raised in the 3402 appeal. | Issues not raised in the district court appeal are waived or abandoned. |
Key Cases Cited
- Dodge, 597 F.3d 1347 (11th Cir. 2010) (abuse of discretion standard for supervised-release conditions; de novo statute interpretation)
- Bennett, 472 F.3d 825 (11th Cir. 2006) (failure to object to PSI facts constitutes admission for sentencing)
- Wade, 458 F.3d 1273 (11th Cir. 2006) (failure to contest drug-testing-related quantities imputes facts for sentencing)
- Williams, 438 F.3d 1272 (11th Cir. 2006) (failure to contest sentencing facts; admission by silence)
- Escobar-Urrego, 110 F.3d 1556 (11th Cir. 1997) (law of the case doctrine; waiver of issues not raised)
- Midway Mfg. Co. v. Kruckenberg, 720 F.2d 653 (11th Cir. 1983) (appeal scope from magistrate judge is not de novo)
- Mesa, 247 F.3d 1165 (11th Cir. 2001) (waiver under law of the case regarding issue challenges)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (adopts former Fifth Circuit decisions as binding precedent)