354 F. Supp. 3d 1181
D. Mont.2019Background
- Templin was convicted federally (18 U.S.C. § 2252A(a)(5)(B)) for possession of child pornography and sentenced in 2005 to 36 months imprisonment and 60 months supervision.
- He was released from custody on August 7, 2008, and completed federal supervision on August 15, 2013.
- Under SORNA, he was required to register as a Tier 1 sex offender for 15 years, but § 20915(b) permits a 5-year reduction if a 10‑year "clean record" is maintained.
- Probation records and Templin’s treatment documentation (Relapse Prevention Plan signed July 2013) showed he satisfied § 20915(b)(1) requirements, including sex‑offender treatment.
- Montana law, however, imposes lifetime registration for convictions that are "reasonably equivalent" to listed sexual offenses; federal child‑pornography possession is treated as reasonably equivalent to Montana’s sexual abuse of children statute.
- The district court concluded it could terminate only the federal SORNA obligation; state-law registration remains and must be pursued through Montana procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Templin satisfied SORNA § 20915(b) to shorten federal registration and thus terminate federal registration obligation | Templin: he maintained a 10‑year clean record post‑release and completed sex‑offender treatment, qualifying for the 5‑year reduction | Government: Probation report initially unclear whether treatment was completed; otherwise argues SORNA requirements apply | Held: Court found Templin met § 20915(b)(1) (including treatment) and terminated federal registration requirement (federal obligation ended) |
| Whether this Court can relieve Templin of Montana's independent lifetime registration requirement | Templin: the statute allows petition to the "sentencing court," which could include the federal sentencing court | State/Interests: Montana law requires state procedures (county attorney notice, state risk level designation) and reflects independent state police powers | Held: Court lacks authority to terminate state obligation; Templin must petition Montana courts and comply with state procedures to seek relief |
Key Cases Cited
- United States v. Kebodeaux, 570 U.S. 387 (discussing federal-state roles in sex-offender registration)
- Carr v. United States, 560 U.S. 438 (noting federal sex-offender registration laws rely on state enforcement)