Monday, October 14, 2013
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Address on his customs declaration form and told McAlpin that “he was residing” there and planned to go there after spending some time visiting friends in New York City. (Id. at 254-55.) He also told McAlpin that the Wilmington Address “was an apartment within a home owned by one Richard Bayard.” (Id. at 257.) Pendleton then sent an email to Mr. Bayard to let him know that he gave the address to customs officials when he came through the airport, and that “a strange call might come about me. I explained that it was your home and did not correct his impression that I rented a room from you.” (Id. at 300.) Mr. Bayard owned the single-family home at the Wilmington Address. His adult daughter, Kate Bayard, lived there for most of her life with her family and has lived there alone since 2006. Ms. Bayard testified that Pendleton “was friendly with [her] parents,” but she does not remember meeting him. (Id. at 263.) As far as she knows, Pendleton did not have a key to the house, never stayed there overnight or asked to do so, and did not come in the house. Ms. Bayard did not know that Pendleton used her address to obtain a driver‟s license, apply for a passport, or register to vote. At some point between 2002 and 2006, Pendleton asked Mr. Bayard to hold his mail while he was traveling. He picked up his mail once, and then the Bayards “didn‟t hear from him for a number of years.” (Id. at 265.) In 2008, Pendleton contacted Mr. Bayard to pick up his mail, and Ms. Bayard arranged to leave the mail in the mailbox in front of the house. Deputy United States Marshal William David had been investigating Pendleton‟s compliance with SORNA and made arrangements with Ms. Bayard for Pendleton‟s mail to be in the mailbox at the Wilmington Address on the afternoon of March 10, 2008. David went to the Wilmington Address on the prearranged day and approached Pendleton, who had checked the mailbox and was standing on a nearby street corner. After David identified himself, he asked Pendleton for identification, and Pendleton produced a Delaware driver‟s license that was issued on May 13, 2005 with
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