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United Statesv.Mathias Thomas Kopp

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-12408
DecidedFebruary 18, 2015
Reporter778 F.3d 986; 2015 WL 669055; 2015 U.S. App. LEXIS 2387
JudgesUnited States Court of Appeals for the Eleventh Circuit; Circuit Judges William H. Pryor and Jordan, and District Judge Madeline Hughes Haikala of the Northern District of Alabama, sitting by designation; Circuit Judge Pryor authored the opinion
Tags
CriminalCriminal ProcedureSentencingSentencing GuidelinesStatutory InterpretationFederal Jurisdiction
Case Summary

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.

Opinion

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United States v. Mathias Thomas Kopp — The Atlanta Gleaner