Roger Edward Picard v. United States
SocialSecurity
Whether the First Circuit erred in finding a violation of supervised release when the defendant reported to register per SORNA requirements within 24 hours of release, but reported to the wrong county Sheriff's office
QUESTIONS PRESENTED This case came before the First Circuit Court of Appeals which held that the district court did not err in finding a violation of condition of release. United States v. Picard, No. 19-1855 (1* Cir. Apr. 14, 2021). A petition for rehearing and a petition for rehearing en banc was denied by order of court dated May 25, 2021. The questions presented are: 1 Did the First Circuit depart from this Court’s decision in Rehaif v. United States, 588 U.S. (2019), with respect to the presumption in favor of “scienter” and a finding of a “knowing” mens rea? Specifically, whether both the First Circuit and district court erred in finding a violation of supervised release when the defendant reported to register per the requirements of SORNA within 24 hours of release from incarceration, but reported to the wrong county Sheriff’s office in rural Maine. -l