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United States v. Templin

United States District Court, D. Montana, Helena Division

January 29, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JAY FRANKLIN TEMPLIN, Defendant.

          OPINION AND ORDER

          DONALD W. MOLLOY, DISTRICT JUDGE.

         On May 20, 2005, Defendant Jay Frank Templin was charged with possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). (Indict., Doc. 1.) On November 17, 2005, he was sentenced to 36 months' imprisonment with 60 months' supervision to follow. (Judg., Doc. 24.) He was released from custody on August 7, 2008, and discharged his term of supervision on August 15, 2013. (Doc. 30.) He now seeks to terminate his obligation to register as a sex offender under state and federal law. (Doc. 31.) Argument was heard on Templin's motion on January 25, 2019. For the reasons discussed below, that motion is granted in part and denied in part. While Templin's federal registration requirement will be terminated, Templin must continue to register as sex offender with the State of Montana until the State relieves him of that burden.

         Analysis

         Relevant here are two statutory schemes: (1) the Federal Sex Offender Notification and Registration Act ("SORNA") and (2) Montana's Sexual or Violent Offender Registration Act. Templin's registration obligation is terminated as to the former, but not the latter. Templin will have to seek relief from the State of Montana to terminate his obligations under state law.

         I. SORNA

         Upon conviction, Templin was required to register as a Tier 1 sex offender under SORNA for 15 years in the jurisdiction in which he resided. 34 U.S.C. § 20915(a)(1). However, a defendant can seek to reduce the duration of the registration period by 5 years, 34 U.S.C. § 20915(b)(3)(A), by maintaining a "clean record" for a period of 10 years, 34 U.S.C. § 20915(b). The requirements for a "clean record" are:

(A) not being convicted of any offense for which imprisonment for more than 1 year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of supervised release, probation, and parole; and
(D) successfully completing of an appropriate sex offender treatment program certified by a jurisdiction or by the Attorney General.

34 U.S.C. § 20915(b)(1). Because Templin was released from prison on August 7, 2008, he became eligible to seek termination of his registration requirement as of August 2018 so long as he has maintained a "clean record" in that 10-year period.

         In light of the pending motion, the United States Probation Office prepared a background report addressing the requirements of a "clean record" under § 20915(b)(1). That report indicates that Templin met the requirements of (A) through (C) but did not conclusively determine whether he had successfully completed sex offender treatment in 2013 with his treatment provider, Dr. Bowman Smelko. At the January 25 hearing, Templin testified that he had completed treatment. He then supplemented the Court's record with his July 2013 Relapse Prevention Plan, signed by him, Dr. Smelko, and supervising Probation Officer Tracy Voeller. (See Doc. 38 (sealed).) Templin has shown that he has met the requirements for a "clean record" under § 20915(b)(1). Templin's motion is therefore granted under 34 U.S.C. § 20915(b) and the duration of his federal registration requirement is reduced by five years. Because Templin began registering as an offender in August 2008, he has completed his 10-year term and his federal registration obligation is terminated.

         That is not the end of the inquiry, however, because Templin has also moved to terminate his obligation under state law.

         II. ...


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