10th Circuit rules against Ute man in offender registration case

Wednesday, January 4, 2012  

A man from the Southern Ute Reservation in Colorado must register as a sex offender, the 10th Circuit Court of Appeals ruled.

In 2008, Franklin Carel Jr. pleaded guilty to one count of sexual abuse of a minor in Indian Country. He admitted he impregnated his 14-year-old girlfriend when he was 22 years old.

Carel initially registered as a sex offender in Colorado that year. But he failed to update it the following year, as required by his plea agreement and by the Adam Walsh Child Protection and Safety Act.

Carel argued that he shouldn't have to update his registration because he had not moved outside of Colorado. The 10th Circuit ruled that Congress acted within its authority to force offenders to re-register, regardless of where they live, work or study.

Carel was convicted and sentenced to 15 months and three years of supervised release for failing to re-register.

Get the Story:
10th Circuit Court Says Offender Registration Is Required (Indian Country Today 1/3)

10th Circuit Decision:
US v. Carel (December 30, 2011)