The Court noted that in 1993, New York Penal Law § 130.45 prohibited conduct that the comparable federal statute, 18 U.S.C. § 2241(c), does not. Despite the fact that Kroll’s actual conduct that led to his 1993 conviction would have violated either statute, the Court held that his 1993 conviction cannot be considered a “prior sex offense” for sentencing purposes because the statutes are not comparable when the categorical approach is applied.

- the district court wrongly decided that the defendant's prior state lewd molestation conviction was a "crime of violence." The state offense was broader than 18 U.S.C. § 2241(c) and thus not a "forcible sex offense" under U.S.S.G. § 4B1.2(a)(2) app. n.1. Consequently, the district court imposed the sentence based on a miscalculated guideline range and procedurally erred.

In a summary order issued on May 24, 2017, Pollard v. United States, 16-2918 (Raggi, Carney, and Kaplan by designation), the Circuit affirmed the decision of the United States District Court for the Southern District of New York ( Forrest, J.), denying Pollard’s habeas corpus petition pursuant to 18 U.S.C. § 2241 to challenge conditions of his parole. Pollard, arguably one of the most notorious spies in American history, was arrested in 1985 after passing top secret documents to Israel while working as a research analyst for the U.S. Navy.

Sentence was vacated as it was enhanced under the guidelines residual clause which was held unconstitutional while Little’s appeal was pending. The dissent argued that the government did not argue harmless error as to the constructive possession error and none of the conditions for sua sponte analysis are present as the harmfulness of the omitted intent element is at least debatable given the minimal evidence on the issue in the record and thus remand for further proceedings is the correct outcome.Hale v FoxHale appealed the dismissal of his 18 USC 2241 motion for lack of jurisdiction. The panel affirmed.

[68] Under SORNA, juveniles who are convicted of a sex offense are required to register if the juvenile meets certain qualifications. The juvenile offender must be fourteen years of age or older at the time of the offense, and the adjudicated offense by the juvenile must be comparable to, or more severe, than aggravated sexual abuse as defined by 18 U.S.C. § 2241, or the offense was an attempt to commit such an offense.[69] Most of the required registration information must be made available to the public, and the statute makes no distinction between juvenile or adult offenders.[70]III.

den. 562 U.S. 1223 (2011);United States v. Andrus, 483 3d 711, 718 (10th Cir. 2007);United States v. Pruden, 398 3d 241, 248-250 (3rd Cir. 2005);United States v. Lifshitz, 369 3d 173, 190 (2d Cir. 2004);Trulock v. Freeh, 275 3d 391, 403, 404 (4th Cir. 2001);United States v. Voelker, 489 3d 139, 151 (3rd Cir. 2007)United States v. Loy, 237 3d 251, 265-267 (3rd Cir. 2001); Note, Recent Case: Criminal Law – Supervised Release – Third Circuit Approves Decade-Long Internet Ban for Sex Offender, 123 Harv. L. Rev. 776, 779 (2010); 18 U.S.C. § 1029; 18 U.S.C. §1030; 18 U.S.C § 2241, et. seq.; 18 U.S.C. §2251, et.

The court makes the point of saying what this case is not about:It is not about whether the State can subject an individual who is convicted of sexually assaulting a child to lifetime GPS monitoring as punishment for a crime. Given the fact that one can be sentenced to life in prison for such a crime, see, e.g., Wis. Stat. § 948.02(1)(am); 18 U.S.C. § 2241(c), it necessarily follows that lifetime GPS tracking, as a component of a sentence imposed for such an offense, would be lawful. The case is also not about whether a person who is currently under the lawful supervision of the State in the form of parole, probation or extended supervision in connection with a criminal conviction, or supervised release under Section 980.08, can be required to submit to such tracking while on supervision.

of the following offense elements (or attempts to commit any of them) can trigger the “sex offender” PSF:engaging in sexual conduct with another person without obtaining permission (examples include forcible rape, sexual assault, or sexual battery);possession, distribution, or mailing of child pornography or related paraphernalia;any sexual contact with a minor or other person physically or mentally incapable of granting consent (examples include indecent liberties with a minor, statutory rape, sexual abuse of the mentally ill, and rape by administering a drug or sub- stance); andany sexual act or contact not identified above that is aggressive or abusive in nature (examples include rape by instrument, encouraging use of a minor for prostitution purposes, and incest).Application of this PSF is also required if a defendant’s current offense is referenced in the Sex Offender Notification and Registration Program Statement, or if it involves a violation of any of the following statutes: 18 U.S.C. § 2241, 18 U.S.C. § 2242, 18 U.S.C. § 2243, 18 U.S.C. § 2244, 18 U.S.C. § 2251, or 18 U.S.C. § 2252.Threat to Government Officials. A male or female inmate classified under the BOP Central Inmate Monitoring system as a “threat to government official” will be housed in at least a low security level institution unless this PSF has been waived.

But the U.S. Government chose to make it a Federal crime. IMM, a minor, was convicted in a U.S. District Court on charges of sexual abuse of a minor, in violation of 18 U.S.C. § 2241(c) and 2246(2) (A).It is difficult for us to wrap our minds around this case. The alleged “victim” did not testify, and the grandfather and mother saw nothing.

United States v. Miller, ___ F.3d ___ , 2010 WL 437328 (10th Cir. 2010)A case addressing some aspects of concurrent/consecutive and state/federal sentences. Pro se “nunc pro tunc” petition to order BOP to designate that petitioner’s upcoming federal sentence be served at the state institution where he is currently serving his state sentence is a habeas petition challenging the execution of his sentence under 18 USC Sec. 2241. Petition fails because BOP cannot make a designation until P is in federal custody.