No. 20-765

M. S. Willman v. Merrick B. Garland, Attorney General

Lower Court: Sixth Circuit
Docketed: 2020-12-03
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 8th-amendment constitutional-rights declaratory-relief eighth-amendment federal-registry full-faith-and-credit res-judicata sex-offender-registration sorna sorna-compliance
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FourthAmendment Punishment Securities Privacy JusticiabilityDoctri
Latest Conference: 2021-03-19 (distributed 2 times)
Question Presented (AI Summary)

Whether state sex offenders are only required to register with their jurisdiction or if SORNA imposes an independent federal registration obligation

Question Presented (OCR Extract)

QUESTIONS PRESENTED If a State sex offender is not legally required 34 U.S.C. §20921 to be on their Jurisdiction’s registry, then they will not appear in the Federal offender search engine database. Only Jurisdictions maintain offender registries 34 U.S.C. §20911(9) and the term Jurisdiction as defined in 34 U.S.C. §20911(10) does not include the Federal Government. Citing 34 U.S.C. §20911 (1) The U.S. Sixth Circuit Court of Appeals has held there exists an independent obligation to register under SORNA, even if an offender (as was Petitioner) is removed from a State sex offender registry in Federal Court. The position of the Sixth Circuit conflicts with this Court’s ruling in Carr v. U.S., 560 U.S. 488, 446 (2010) which ruled, absent an 18 U.S.C. §2250 violation, it would be illogical for the Federal Government to retain an interest in punishing State offenders. The Sixth Circuit Opinion also conflicts with this Court’s rulings in regard to the noted oversight difference between State and Federal offenders (Reynolds v. U.S., 565 U.S. 432 (2012), Nichols v. U.S., 1368S. Ct. 1113 (2016) U.S. v. Kebodeaux, 570 U.S. 387 (2013)) warranting a grant of certiorari. I. ARE STATE OFFENDERS ONLY REQUIRED TO REGISTER WITH THEIR AS DEFINED IN 34 U.S.C. 20911(9)(10)? OR DOES 34U.S.C. 20911 (1) AND 20913 (a) IMPOSE AN INDEPENDENT OBLIGATION ON STATE OFFENDERS TO REGISTER WITH THE FEDERAL GOVERNMENT? -iiIF AN INDEPENDENT OBLIGATION DOES EXIST, DOES IT END WHEN A REGISTRANT IS NO LONGER REQUIRED TO REGISTER WITH THEIR STATE/JURISDICTION VIA COURT ORDER? AND IS SUCH AN ORDER ENTITLED TO ARTICLE IV, FULL FAITH AND CREDIT? II. IN THE ABSENCE OF A NEW SEX OFFENSE CONVICTION, WOULD IT VIOLATE THE 8™ AMENDMENT AND OTHER RIGHTS SECURED BY THE U.S. CONSTITUTION TO PLACE A FORMER REGISTRANT ON A REGISTRY, IF THEY HAVE ALREADY BEEN LEGALLY REMOVED VIA STIPULATION AND ORDER IN FEDERAL COURT? III. ARE THE PRINCIPLES OF RES JUDICATA APPLICABLE TO SORNA?

Docket Entries

2021-03-22
Rehearing DENIED.
2021-02-24
DISTRIBUTED for Conference of 3/19/2021.
2021-02-08
2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent Jeffrey A. Rosen, Acting Attorney General to respond filed.
2020-11-24
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

M.S. Willman
Daniel C. WillmanLaw Office Daniel C. WIllman, Petitioner
Daniel C. WillmanLaw Office Daniel C. WIllman, Petitioner
Merrick B. Garland, Attorney General
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Robert M. Wilkinson, Acting Attorney General
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent