Tuesday, April 21, 2020

Venue Proper In SORNA Case In District Defendant Left


US v. Spivey: Spivey was required to register as a sex offender under SORNA. He was living in North Carolina, and had properly registered, but moved to Colorado without updating his registration. He was then indicted in the Eastern District of NC for a SORNA violation. He moved to dismiss the indictment for lack of venue, arguing that he could only be charged in the District of Colorado. The district court denied his motion and he entered a conditional guilty plea.

On appeal, the Fourth Circuit affirmed the denial of Spivey’s motion to dismiss. The court noted that issues of venue turn on whether “circumstance” or “conduct” elements of the offense occur in a particular district, with the conduct elements of prime importance. The court then rejected Spivey’s argument that interstate travel for SORNA offenses was merely a jurisdictional element and thus was not a “conduct” element (as opposed to the actual failure to register/update in the new district). The Supreme Court had already held, the court pointed out, that interstate travel was “an essential conduct element” for a SORNA conviction.

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