United States v. Borum, No. 3:20CV6 (N.D. Miss. 2021)
Nature of Case: The government sought advance ruling as to whether defendant’s prior conviction for Criminal Sexual Conduct in Michigan would be admissible in the present prosecution for Failure to Register as a Sex Offender based on the fact that the conviction was obtained following a nolo contendere plea. The parties did not dispute that, after his Michigan conviction, defendant was required to register following the passage of the Sex Offender Registration and Notification Act (“SORNA”).
Holding: The District Court for the Northern District of Mississippi granted the government’s motion in limine for advance ruling on admissibility, concluding that defendant’s nolo contendere plea is admissible and stating that defendant accepted the “penal consequence” of the registry requirement and complied with it for nearly 10 years before relocating to Mississippi.