United States v. Spivey, No. 18-2435 (7th Cir. 2019)
Annotate this CaseSpivey was convicted of predatory criminal sexual assault, which required him to register under the Sex Offender Registration Notification Act. In 2014, Spivey pleaded guilty to knowingly failing to register, 18 U.S.C. 2250(a). The district court sentenced him to 41 months in prison and five years of supervised release, with a condition that he truthfully answer his probation officer’s inquiries. The court struck that condition and others in an amended judgment issued two weeks later. Spivey began serving supervised release. Probation officers submitted reports reflecting 18 separate violations of Spivey’s conditions. The court conducted multiple "show cause" hearings. Spivey claimed that because he was homeless, he had challenges registering as a sex offender and that he could not fulfill his supervised release conditions due to his work schedule, lack of funds, and illnesses. In March 2018, Spivey failed to appear before the court on three separate occasions. Officers arrested Spivey at his girlfriend’s house, where she lived with her children. The court revoked Spivey’s supervised release and sentenced him to 24 months in custody. The Seventh Circuit affirmed, rejecting Spivey’s due process argument that the court relied on a violation of a non-existent supervised release condition when imposing his sentence: that he truthfully answer all inquiries of his probation officer. Nothing indicated that the court considered the nonexistent condition when imposing sentence; the focus was on the fact that Spivey had been living with children, aged 8 and 10.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.