United States v. Under Seal
2013 U.S. App. LEXIS 4190
| 4th Cir. | 2013Background
- Appellant, a juvenile, was adjudicated delinquent for aggravated sexual abuse involving his two half-sisters aboard a U.S. Navy family in Japan.
- He pled true to the Information in December 2008 and was adjudicated delinquent in October 2009.
- As part of disposition, the district court imposed juvenile delinquent supervision with a condition requiring SORNA registration.
- The district court sentenced him to incarceration until July 1, 2010, followed by supervision subject to conditions, including mandatory SORNA reporting.
- Appellant objected to SORNA registration at sentencing; the district court ordered continued compliance, and he appealed.
- The court held SORNA applies to Appellant, a qualifying juvenile offender, and affirmed the registration requirement as applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORNA conflicts with FJDA confidentiality | Appellant contends SORNA discloses juvenile records. | Appellee argues SORNA preempts FJDA confidentiality for a defined class of juveniles. | SORNA controls; confidentiality conflicts resolved in favor of SORNA. |
| Whether SORNA’s application to Appellant violates the Eighth Amendment | Registration constitutes punishment and is punitive. | Registration is civil, non-punitive, with public safety justifications. | SORNA as applied is non-punitive and constitutional under the Eighth Amendment. |
Key Cases Cited
- Smith v. Doe, 538 U.S. 84 (Supreme Court 2003) (two-part punishment test; non-punitive regulatory regime plausible)
- Mendoza-Martinez, 372 U.S. 144 (Supreme Court 1963) ( Mendoza-Martinez factors framework for punitive effect)
- Kennedy v. Mendoza-Martinez, 372 U.S. 144 (Supreme Court 1963) ( Mendoza-Martinez factors guide evaluation of civil vs punitive)
- Hale v. Gaines, 63 U.S. 144 (U.S. Reports 1859) (principle regarding overruling later conflicting statutes)
- Watt v. Alaska, 451 U.S. 259 (Supreme Court 1981) (legislative hierarchy and last-in-time rule context)
- Abuagla, 336 F.3d 277 (4th Cir. 2003) (statutory interpretation standard for federal questions)
- Malloy, 568 F.3d 166 (4th Cir. 2009) (constitutional challenges to federal registration schemes)
- Farmer v. Emp't Sec. Comm'n of N.C., 4 F.3d 1274 (4th Cir. 1993) (specificity of applicable statutory control when conflicts arise)