United States v. Putnam, No. 14-51238 (5th Cir. 2015)
Annotate this CaseDefendant pleaded guilty to failure to register as a sex offender and appealed his 15-year term of supervised release. The government concedes that a plain error occurred with respect to the Sentencing Guidelines calculation for the length of defendant’s supervised release term. This court has held that failure to register under the Sex Offender Registration and Notification Act, 18 U.S.C. 2250, does not qualify as a sex offense under U.S.S.G. 5D1.2(b)(2). Further, amendments to the Guidelines clarified that failure to register as a sex offender does not constitute a sex offense. In this case, the error affected defendant's substantial rights. Accordingly, the court reversed and remanded.
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