US v. Kokinda: Due to a pair of state convictions in the 2000s, Kokinda was required to register as a sex offender. He effectively disappeared, and ceased registering. He resurfaced in Elkins, West Virginia, in September 2019, where he was charged with sexual abuse in the third degree after grabbing the buttocks of a girl while pushing her on a swing in a public park. In addition, images of child pornography were found on his phone. Kokinda was charged with failing to register under SORNA. He went to trial, where the Government produced evidence that Kokinda had been in the Elkins area for about a month, staying at various campsites. Kokinda’s defense was that while he had offenses that would require him to register with SORNA, he never “resided” in West Virginia and triggered the registration requirement. He was convicted and sentenced to 63 months in prison, the top of an advisory Guideline range enhanced for committing a sex offense against a minor while failing to register.
On appeal, the Fourth Circuit affirmed Kokinda’s conviction and sentence. As to his conviction, Kokinda’s main argument was that the district court had erred in instructing the jury on the definition of “resides” and “habitually lives,” particularly in taking the definition of the latter term from the SORNA guidelines promulgated by the Attorney General. The court rejected that argument, holding that the guidelines are part of a civil regulatory scheme and entitled to Chevron deference in defining the ambiguous term “habitually lives.” The court also held that there was no conflict with the Supreme Court’s decision in Nichols. As to Kokinda’s sentence, the court found no clear error in the district court’s determination that he had committed a sex offense against a minor, either by grabbing her buttocks or by possessing child pornography.
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