United Statesv.Mathias Thomas Kopp
Mathias Kopp, a convicted sex offender, left Georgia for Florida without updating his registration as required by federal law. After he was arrested in Florida, he was indicted in the Northern District of Georgia for failing to register and conditionally pleaded guilty while preserving a venue challenge. He later violated supervised-release conditions, and the district court imposed a 16-month sentence, above the advisory Guidelines range. The Eleventh Circuit held that venue was proper in Georgia because interstate travel is an element of the offense and Kopp began that conduct there. The federal venue statute permits prosecution where a continuing offense is begun, continued, or completed; Kopp’s crime began with his interstate departure from Georgia and was completed when he failed to register in Florida. The court also held that the upward variance for his supervised-release violation was substantively reasonable given his serious criminal history, repeated registration violations, and public-safety concerns. It affirmed both the conviction and the revocation sentence. Judge Pryor concurred separately, explaining that the offense also qualified as a continuing offense prosecutable in any district through which Kopp traveled.
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