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JerryKendallIsAKiller.com

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 10-1755 ____________ UNITED STATES OF AMERICA v. THOMAS S. PENDLETON, Appellant ____________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE (D.C. Crim. No. 08-cr-59-1) District Judge:  Honorable Gregory M. Sleet ____________ Submitted Under Third Circuit LAR 34.1(a) March 14, 2011 ____________ Before: RENDELL, BARRY and CHAGARES, Circuit Judges (Opinion Filed: April 12, 2011) ____________ Eleni Kousoulis, Esq.  Daniel I. Siegel, Esq.  Office of the Federal Public Defender  800 King Street  Suite 200  Wilmington, DE 19801  Counsel for Appellant

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http://thomas-pendelton.blogspot.com/?m=1


based on the science of genetics science social values with the question Whither mankind Jukes and Kallikaks sound health high intelligence and the like north carolina virginia

based on the science of genetics science social values with the question Whither mankind Jukes and Kallikaks sound health high intelligence and the like north carolina virginia

When Congress enacted SORNA, it was particularly concerned about the transient nature of many sex offenders and did not want to lose track of sex offenders when they moved from state to state. United States v. Howell, 552 F.3d 709, 716-17 (8th Cir. 2009). Recognizing this, the Eighth Circuit “reject[ed] the suggestion that a savvy sex offender can move to a different city and avoid having to update his SORNA registration by sleeping in a different shelter or other location every night.” United States v. Voice, 622 F.3d 870, 875 (8th Cir. 2010). Given Pendleton‟s extensive travel, the government argues that a similar concern regarding transience is present in this case. Under the relevant provision of 42 U.S.C. § 16913(a), “[a] sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student.” A “jurisdiction” is, among other things, “[a] State.” 42 U.S.C. § 16911(10)(A). “The term „resides‟ means, with respect to an individual, the location of the individual‟s home or other place where the individual habitually lives.” 42 U.S.C. § 16911(13). A sex offender must “appear in person” in at least one of the applicable jurisdictions “not later than 3 business days after each change of name, residence, employment, or student status . . . and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry.” 42 U.S.C. § 16913(c).  Pendleton was convicted not under § 16913, which does not have an enforcement provision, but under 18 U.S.C. § 2250(a), which provides that a person commits a crime when he or she “(1) is required to register under the Sex Offender Registration and Notification Act; (2) . . . (B) travels in interstate or foreign commerce . . . ; and (3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act.” In other words, “[o]nce a person becomes subject to SORNA‟s registration requirements . . . that person can be convicted under § 2250 if he thereafter travels and then fails to register.” Carr v. United States, 130 S. Ct. 2229, 2236 (2010).  Pendleton does not dispute on appeal.

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This is the Central Intelligence Agency address and the phone number of officer.  His Jerry Kendall previous home address in Northern Virgina is: 2003 Wellfleet Court Falls Church 22043 and work address was 934 Dolley Madison Blvd McLean, VA
(703) 874-0767
He current lives in Oregon.

based on the science of genetics science social values with the question Whither mankind Jukes and Kallikaks sound health high intelligence and the like north carolina virginia

and then on March 10th, he traveled to Wilmington and was arrested. Pendleton had a one-way airplane ticket to travel on March 12, 2008 from JFK to Prague, Czech Republic. II. JURISDICTION AND STANDARD OF REVIEW The District Court had jurisdiction under 18 U.S.C. § 3231, and we have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. Our review of the Court‟s denial of Pendleton‟s motion for judgment of acquittal, its construction of SORNA, and its conclusion that SORNA is constitutional is plenary. III. ANALYSIS The Adam Walsh Child Protection and Safety Act of 2006, which included SORNA, 1“was enacted to close the loopholes in previous sex offender registration legislation and to standardize registration across the states.” United States v. Shenandoah, 595 F.3d 151, 154 (3d Cir. 2010). In response to previous legislation, by 1996 every state and the District of Columbia had mandatory sex offender registration laws, but “SORNA creates a national sex offender registry with the goal of eliminating inconsistencies among state laws.” Id. 1Title I of the Adam Walsh Child Protection and Safety Act of 2006 was itself named the “Sex Offender Registration and Notification Act” (SORNA), and both 42 U.S.C. § 16913, which contains the sex offender registration requirement, and 18 U.S.C. § 2250, which contains the criminal enforcement provision under which Pendleton was convicted, were enacted through Title I of that Act. Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, §§ 101, 113, 141, 120 Stat. 587, 590, 593-94, 60102 (2006).  As defined by statute, “SORNA” thus includes both §§ 16913 and 2250. In United States v. Shenandoah, we upheld the constitutionality of “SORNA” under the Commerce Clause, but did not specifically address § 16913. See United States v. Shenandoah, 595 F.3d 151, 160-61 (3rd Ctr. 2010)
Will Add more.

based on the science of genetics science social values with the question Whither mankind Jukes and Kallikaks sound health high intelligence and the like north carolina virginia

Address on it. When David asked, Pendleton said that he lived at the Wilmington Address but “had lost his key and was waiting for the other occupant to get home to let him in.” (Id. at 283.) Pendleton also showed David his passport and a membership card for Hostelling International, which had the Wilmington Address on it. Pendleton said he had just come from the library in Wilmington but was staying at a hostel in Philadelphia because he “had business” there. (Id. at 284.) A receipt showed that he paid to stay at the hostel in Philadelphia from March 7 to 11, 2008. The hostel later sent his belongings to the United States Marshal‟s Service, and his name and the Wilmington Address were written on a luggage tag on one of those items.   David arrested Pendleton, read him his rights, and told him that he was charged with a violation of § 2250 for failure to register as a sex offender. Pendleton first denied being a sex offender and then said that he was a sex offender but was not required to register. After he was arrested, the government executed a search warrant on an email account that he used. Emails that he sent and received in late January of 2008, after he was deported from Germany to the United States, show that he researched sex offender registration requirements in Delaware and correctly concluded that at that time he was not required to register under Delaware law.   C. Pendleton’s Travels in Early 2008 Based on his examination of Pendleton‟s emails, travel documents, and other items, David concluded that after Pendleton arrived at JFK on January 21, 2008, he stayed in New York for about five days and then traveled to Philadelphia on or about January 26th. On February 1st, he traveled to Delaware, and left for Washington, D.C. on or about February 4th. According to David‟s testimony and Amtrak tickets in Pendleton‟s name, Pendleton traveled starting on February 9th from Washington, D.C. to Chicago; starting on February 12th from Chicago to Emeryville, California; starting on February 26th from Los Angeles to Chicago; and starting on March 2nd from Chicago to Washington, D.C. On March 7th, he traveled to Philadelphia

based on the science of genetics science social values with the question Whither mankind Jukes and Kallikaks sound health high intelligence and the like north carolina virginia

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