Wednesday, August 10, 2011

Eighth Circuit -- United States v. Deven J. Poitra

United States v. Deven J. Poitra

 No error in SORNA prosecution jury instruction not defining "reside," as the definition in the Act is similar to the commonly held definition of the term.

Variance in jury instructions in number of days allowed for offender registration was harmless, as not contested at trial.

No plain error in allowing probation officer to choose course of treatment, as court retained ultimate control.


Although unexplained restriction in sentence was plain error, no reversal, given support in record and that remand not necessary to preserve public trust in the judicial process.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.