United States v. Poitra
2011 U.S. App. LEXIS 16419
| 8th Cir. | 2011Background
- Poitra was convicted by a jury of aggravated sexual abuse of a child and a SORNA registration violation after a two-day trial.
- The assault involved Poitra grabbing 10-year-old J.M. and forcing her into a laundry room where he inserted his finger into her vagina.
- A superseding indictment added a count for failure to register under SORNA based on Poitra’s residence update when living in the Dunseith home.
- The district court sentenced Poitra to 360 months for the aggravated-sexual-abuse count and 120 months for the SORNA count, to be served concurrently, with concurrent ten-year supervised releases.
- Poitra appeals challenging jury instructions and the imposed special conditions of supervised release, which the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omission of a statutory definition of 'reside' from the jury instruction was plain error | Poitra argues the instruction lacked the SORNA-defined residenc e term | Poitra contends mortality of definition should have been given | No plain error; the instruction fairly submitted the issue. |
| Whether the SORNA element instruction improperly merged ND law and SORNA | Poitra contends ND-law phrases were included | District court’s error harmless since Poitra did not dispute registration update | Harmless error; did not affect substantial rights. |
| Whether Special Conditions 3 and 8 improperly delegated judicial authority | Special conditions allowed non-judicial officers to approve programs | No indication the court relinquished ultimate authority | No plain error; no improper delegation. |
| Whether Special Condition 6 required individualized findings and whether failure to provide them was plain error | The court failed to state reasons for the condition | Record shows risk of recidivism; adequate record supports condition | Plain error not remedied; relief denied given high recidivism risk and record support. |
Key Cases Cited
- United States v. White Calf, 634 F.3d 453 (8th Cir. 2011) (standard for reviewing jury instructions; plain-error in failure to object.)
- United States v. Alcorn, 638 F.3d 819 (8th Cir. 2011) (plain-error review when no timely objection.)
- United States v. Curry, 627 F.3d 312 (8th Cir. 2010) (plain-error standard for sentencing errors; per curiam.)
- United States v. Wiedower, 634 F.3d 490 (8th Cir. 2011) (upholding conditions involving sexually explicit material; need for individualized findings.)
- United States v. Mayo, 642 F.3d 628 (8th Cir. 2011) (reasonableness of supervised-release conditions; 18 U.S.C. 3583(d)(1).)