September 11, 2019
from the United States District Court for the Western
District of Wisconsin. No. 3:18-cr-00023-jdp-1 - James D.
Peterson, Chief Judge.
Ripple, Rovner, and Barrett, Circuit Judges.
ROVNER, CIRCUIT JUDGE.
Edwards pleaded guilty to failing to register as a sex
offender, in violation of the Sex Offender Registration and
Notification Act, 18 U.S.C. § 2250-his fourth conviction
for a failure to register a change of address as required by
state and federal statutes. The district court ordered him to
serve a prison term of 27 months and imposed three conditions
that will govern his supervised release at the conclusion of
that term: (1) a requirement that, as required by his
probation officer, he inform employers, neighbors and family
members with children, and others of his criminal record, his
obligation to register as a sex offender, and the other
requirements imposed by SORNA; (2) a ban on meeting, spending
time with, or communicating with any minor absent the express
permission of the minor's parent or guardian and the
probation officer; and (3) a bar to working in any job or
participating any volunteer activity in which he would have
access to minors, absent prior approval of his probation
officer. Finding no flaw in any of these conditions, we
affirm the judgment.
distributed child pornography in 2001 and possessed child
pornography in 2002. As a result of his convictions in
Minnesota state court in 2003 for those offenses, Edwards
incurred a lifetime obligation to register as a sex offender
under the Minnesota statute implementing SORNA's
requirements for a sex offender registry. See 34
U.S.C. § 20912; Minn. Stat. § 243.l66(6)(d)(1). He
failed to comply with that obligation on multiple occasions
when he changed addresses, and he was convicted in state
court of failing to register and/or update his registration
in 2004, 2009, and 2013.
2018, Edwards was indicted in federal court for failing to
register under section 2250, after he began working in
Wisconsin in or about February 2017 and ultimately moved to
Hudson, Wisconsin, in November of that year but failed to
register in Wisconsin or update his existing registration in
Minnesota. He pleaded guilty and was sentenced on the same
sentencing, the district court imposed three conditions upon
Edwards' eventual supervised release over his objection:
Condition 11: As directed by the probation
officer, defendant shall notify employers and third parties
providing volunteer opportunities and educational
opportunities; organizations to which defendant belongs; and
neighbors and family members with minor children, of
defendant's criminal record based on risk associated with
his offense, his obligations to register as a sexual
offender, and the legal requirements under the Sex Offender
Notification Act. The probation officer may also take steps
to confirm defendant's compliance with this notification
requirement or provide such notifications directly.
Special condition 16: Not meet or spend time
with any person under the age of 18 or have verbal, written,
telephonic or electronic communication with any such person,
except with the express permission of the minor's parent
or legal guardian and the supervising U.S. probation officer.
This provision does not include persons under the age of 18,
such as waiters, cashiers, ticket vendors, etc., with whom
defendant must deal in order to obtain ordinary and usual
Special condition 17: Not work in any
occupation, business or profession, or participate in any
volunteer activity where defendant has access to children
under the age of 18 without the prior approval of the
supervising U.S. probation officer.