Tuesday, October 15, 2013

Pendleton stated numerous times – including during the time period alleged in the indictment – that he actually lived at the Wilmington Address, not only that it was his mailing address. A rational trier of fact could have concluded from those statements that Pendleton “habitually live[d]” at the Wilmington Address.  Pendleton contends that, given Ms. Bayard‟s testimony that he had never been inside or stayed overnight at the Wilmington Address, the jury could not have found that he habitually lived at the Wilmington Address.  The jury, however, was free to disregard her testimony. Pendleton claimed many times over a number of years and during the period alleged in the indictment – perhaps most notably to the Deputy United States Marshal who arrested him outside that address – that he actually lived at the Wilmington Address. A rational trier of fact could have taken him at his word and found that he habitually lived there at some point from January 28 to March 10, 2008. 3 Pendleton also argues that a sex offender does not reside or habitually live somewhere until he or she has been in that location for three business days, but SORNA does not contain such a limitation. SORNA requires a sex offender to “appear in person” in an applicable jurisdiction, including where he or she resides, “not later than 3 business days after 3In the alternative, Pendleton argues “that the government had not met its burden on the „resides‟ element, because it had not proved that Mr. Pendleton maintained a dwelling place in the State of Delaware.” (Appellant‟s Br. at 2.) But SORNA does not require a sex offender to register where he or she “maintain[s] a dwelling place.”  SORNA, rather, mandates that a sex offender register “in each jurisdiction where the offender resides,” 42 U.S.C. § 16913(a), which is where he has his “home or other place where [he] habitually lives,” 42 U.S.C. § 16911(13).  There was sufficient evidence not only for a rational juror to conclude that Pendleton resided at the Wilmington Address but also that he “habitually live[d]” somewhere in Delaware and he was, therefore, required to register in

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