Submitted on the briefs: [*]
from the United States District Court for the Northern
District of Oklahoma (D.C. No. 4:13-CR-00132-GKF-1)
L. Derryberry and William Patrick Widell, Jr., Assistant
Federal Public Defenders, Tulsa, Oklahoma for
C. Leitch, Assistant United States Attorney, (R. Trent
Shores, United States Attorney with him on the brief) Tulsa,
Oklahoma, for Plaintiff-Appellee.
HARTZ, SEYMOUR, and PHILLIPS, Circuit Judges.
the conditions of supervised release for Defendant Isiah
Bernard Adams was that he comply with the Sex Offender
Registration and Notification Act (SORNA), 34 U.S.C.
§§ 20911-20932. The United States District Court for
the Northern District of Oklahoma found that Defendant, who
was homeless at the time, had violated that condition by
failing to update his SORNA registration within three days of
changing his residence to Tulsa. He challenges the
court's finding, arguing on appeal that the government
offered no evidence that he had established his residence in
Tulsa for SORNA purposes by residing there for 30 days or
more. Exercising jurisdiction under 28 U.S.C. § 1291, we
hold that there was sufficient evidence and affirm.
pleaded guilty in 2014 for failing to register as a sex
offender. He was sentenced to 21 months in prison, followed
by a five-year term of supervised release, which eventually
began in November 2015. One condition of his supervised
release was that he "comply with the requirements of
[SORNA]." R., Vol. I at 10.
January 2017, Sharla Belluomo, a Tulsa-based probation
officer supervising Defendant, filed a petition (the
Petition) alleging five violations of the terms of his
supervised release. The district court held a revocation
hearing on April 5, 2017. Defendant stipulated to four of the
alleged violations but denied the allegation that he had
violated SORNA by "fail[ing] to update his registration
status when he changed residences in July 2016."
Id. at 14. He claimed that he had "just found .
. . out" that homeless people could register as such
under SORNA, and that people at a court building had told him
that homeless people could not register. R., Vol. III at 12.
In response, Belluomo testified that in July or August 2016,
Defendant had returned to Tulsa after living in a facility in
Oklahoma City under a "public law placement"
because of a state failure-to-pay charge. Id. at 22.
According to Belluomo, after Defendant reported that he was
homeless, she had instructed him to "register as
homeless, " and he had acknowledged the need to do so
and "told [her] that he was able to register
weekly." Id. at 19. She further testified that
before she submitted the Petition, she had been informed by
the officer overseeing the Tulsa Police Department's
sex-offender registry that Defendant had never registered,
and had been informed by the person overseeing the state
registry that Defendant had last registered in July 2016 in
district court determined that Belluomo was credible and
Defendant was not. It thus found that Defendant had failed to
comply with SORNA. The court sentenced Defendant (based on
all five violations alleged in the Petition) to 18 months in
prison and an 18-month term of supervised release. Apparently
believing that his sentence would be lower if there were no
finding of a SORNA violation, Defendant appeals the finding.
argues in this court that there was no evidence that he
changed his residence to Tulsa for SORNA purposes. He
concedes that he did not raise this argument below, so we
review only for plain error. See United States v.
Rios-Morales, 878 F.3d 978, 987 (10th Cir. 2017). He
must therefore show "(1) error, (2) that is plain, which
(3) affects [his] substantial rights, and which (4) seriously
affects the fairness, integrity, or public reputation of
judicial proceedings." Id. (internal quotation
marks omitted). In our view, he has failed even to show
assess Defendant's argument, we begin with a review of
his legal obligations. Under SORNA, "[a] sex offender
shall register, and keep the registration current, in each
jurisdiction where the offender resides . . . ." 34
U.S.C. § 20913(a). The Act defines resides to
mean "the location of the individual's home or other
place where the individual habitually lives."
Id. § 20911(13). To keep the registration
current, "[a] sex offender shall, not later than 3
business days after each change of . . . residence . . .,
appear in person in at least 1 jurisdiction . . . and inform
that jurisdiction of all changes in the information required
for that offender in the sex offender registry."
Id. § ...