United States v. Darrell W. Jones

798 F.3d 613, 2015 U.S. App. LEXIS 14571, 2015 WL 4934582
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 19, 2015
Docket14-2787
StatusPublished
Cited by19 cases

This text of 798 F.3d 613 (United States v. Darrell W. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Darrell W. Jones, 798 F.3d 613, 2015 U.S. App. LEXIS 14571, 2015 WL 4934582 (7th Cir. 2015).

Opinion

KANNE, Circuit Judge.

Defendant Darrell Jones was sentenced to eighteen months in prison and five years of supervised release for failure to register as a sex offender. On appeal, he claims the district court ignored his arguments in mitigation and imposed unwarranted conditions of supervised release. We disagree and affirm Jones’s sentence.

I. Background

A. Jones’s Criminal History and Offense of Conviction

.In the mid-1980s, when Jones was a young adult living in Florida, he repeatedly sexually abused a young girl under the age of twelve. Their exact ages are unclear from the record, but the government says he was 21 and she was 10 at the time. The victim was a relative of his wife (now ex-wife). Jones’s mother-in-law found him half-naked on top of the girl and reported the incident to the police. The victim later told the police that Jones had sexually assaulted her six to eight times during the preceding year. In 1988 Florida brought charges, and Jones pled guilty to three counts of attempted sexual battery. He was sentenced to 12 years in prison plus 10 years of probation.

Jones was released from prison in 1994 after serving roughly half his sentence. (The reason for his early release is unclear.) As a result of his convictions, he had a lifelong obligation to register as a sex offender under the Sex Offender Registration and Notification Act (“SORNA”) *615 and to update his registration whenever he moved. See 42 U.S.C. §§ 16913 and 16915. After his release, he complied with his registration obligation — with one exception • discussed below — through 2010. He had no further sex-offense convictions, and he found employment at a funeral home. These were steps in the right direction.

Unfortunately, however, he continued to have problems. One of his probation conditions required him to undergo sex-offender treatment. Jones began the prescribed program, but was terminated in 1996 for refusal to participate and continued denial. He never completed treatment-in violation of his probation. What he did instead was rack up more criminal convictions: for trespass, destruction of property, and unauthorized use of an automobile in 1988 (in Virginia); and for domestic battery in 2000 (in Florida). 1 To compound matters, he did not report his domestic-battery arrest to his probation officer — a further probation violation.

A Florida court sent Jones back to prison in 2000 to serve concurrent sentences for his probation violations and the domestic-battery conviction. Jones reports that at some point during his incarceration, he twice attempted to commit suicide by hanging himself. He survived both attempts, and in late 2000 he was released from prison again.

As before, Jones took some steps in the right direction. He completed courses at a Bible college, where he earned a doctoral degree in the humanities in 2010. (He already had a bachelor’s degree from Florida State University.) He became a licensed, ordained minister in Virginia. And he worked on-and-off as a funeral attendant, lead-pipe layer, and pastor.

But despite these positive steps, Jones’s legal problems also continued. In 2001 Jones was convicted for failing to register as a sex offender in Virginia. He was also convicted of several other crimes: driving with a suspended license (once in 2003 and twice in 2009), threatening another person (in 2004), failure to pay child support and failure to appear in court (in 2007), and the assault and battery of a coworker (in 2005).

Then began the series of events that led to Jones’s instant offense of conviction and this appeal. In late 2010, after years of registering as a sex offender (with the one exception in 2001), Jones suddenly stopped. In March 2011, Virginia issued a warrant for his arrest. In the fall of 2011, he moved to Chicago, where his fiancée had a job. He did not register as a sex offender in Illinois. He continued living and working in the Chicago area, initially at a funeral home and then, after being laid off, as a volunteer pastor. During all that time, Jones did not register as a sex offender.

He was arrested in 2013. A federal grand jury returned an indictment charging that for over a year Jones had knowingly failed to register, as required by SORNA, in violation of 18 U.S.C. § 2250(a). Jones entered a “naked” guilty plea.

B. The First Sentencing Hearing

The probation office issued a presentence report (“PSR”) detailing Jones’s criminal history and calculating an advisory guidelines range of 18 to 24 months’ imprisonment (which is undisputed). Probation recommended 15 months in custody and 5 years of supervised release, subject *616 to the standard conditions plus fifteen special conditions listed in the PSR.

The district court held a sentencing hearing on May 21, 2014. It first heard argument on the proposed supervised-release conditions. Jones’s counsel objected to two conditions authorizing sex-offender treatment, arguing that 26 years had passed since his underlying sex offenses. But the court noted that Jones never completed his prior treatment regimen. Moreover, the conditions simply permitted probation to evaluate Jones to determine whether treatment was necessary — they did not mandate it. The court approved the conditions.

It also approved conditions restricting Jones’s employment and requiring him to provide financial information to his probation officer. The government claimed these were necessary so it could monitor Jones and “make sure that he is not involved in doing anything that could come close to ... child sex offenses;” The court agreed, adding that the restriction was “not an unusual provision.” The court’s ruling on two other conditions limiting Jones’s contact with minors was unclear— it first sustained and then overruled his attorney’s objections. Both sides agreed to strike the remaining eight conditions (which would have limited access to electronics and pornography), so the court rejected them.

Moving, to the issue of Jones’s incarceration, the government requested a sentence in the middle of the guidelines range. It emphasized the heinousness of Jones’s pri- or sex offenses and argued that his failure to register undermined the very purpose of SORNA, which is to allow effective supervision of violent sex offenders. Jones argued for a 6-month prison term, emphasizing the absence of any sex-offense convictions since he committed the underlying crimes. This, his attorney said, showed a low risk of recidivism. She claimed Jones was trying to “get[ ] his life back on the right track.” At that point, the court interjected: “But he doesn’t work,” despite being $11,000 in arrears on child-support payments. The court also observed that this was not Jones’s first failure to register. His counsel contested that point, but after direct and cross-examination of Jones, the court made a finding that he did not in fact timely register in 2001.

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Cite This Page — Counsel Stack

Bluebook (online)
798 F.3d 613, 2015 U.S. App. LEXIS 14571, 2015 WL 4934582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-darrell-w-jones-ca7-2015.