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

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-2405 · judgment August 26, 2020


Certiorari denied · January 25, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question 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. 438, 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., 136 S. 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 STATES/JURISDICTIONS AS DEFINED IN 34 U.S.C. 20911(9)(10)? OR DOES 34 U.S.C. 20911 (1) AND 20913 (a) IMPOSE AN INDEPENDENT OBLIG ATION ON STATE OFFENDERS TO REGISTER WITH THE FEDERAL GOVERNMENT?

Counsel of record

For petitioner
Daniel C. Willman
Law Office Daniel C. WIllman

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 22 2021
    Rehearing DENIED.
  2. Feb 24 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 08 2021
    Petition for Rehearing filed.
  4. Jan 25 2021
    Petition DENIED.
  5. Jan 06 2021
    DISTRIBUTED for Conference of 1/22/2021.
  6. Dec 30 2020
    Waiver of right of respondent Jeffrey A. Rosen, Acting Attorney General to respond filed.
  7. Nov 24 2020
    Petition for a writ of certiorari filed. (Response due January 4, 2021)