United States v. Charles Summers
CourtCourt of Appeals for the Third Circuit
Date FiledOctober 6, 2026
Docket25-2502
StatusPublished
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Full Opinion
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 25-2502
UNITED STATES OF AMERICA
v.
CHARLES SUMMERS,
Appellant
_____________________________
On Appeal from the U.S. District Court, D.N.J.
Judge Karen M. Williams, No. 1:25-cr-00074-001
Before: RESTREPO, MONTGOMERY-REEVES, and BOVE,
Circuit Judges
Argued: June 11, 2026; Decided: Oct. 6, 2026
_____________________________
OPINION OF THE COURT
BOVE, Circuit Judge. Defendant Charles Summers tried to
rape a 13-year-old girl. He pleaded guilty in New York to that
heinous crime. New York authorities warned him that he
needed to register as a sex offender. When he got out of jail in
New York, he started to live and work in New Jersey. He did
not register in his new state. That was a violation of the federal
Sex Offender Registration and Notification Act, or SORNA.
Defendant pleaded guilty to his SORNA offense.
This is a two-issue sentencing appeal. First, Defendant
argues that the District Court erred in its calculation of his
Criminal History under the Guidelines. This part of the appeal
is moot. Defendant recently finished his jail sentence, and the
District Court already sentenced him to the statutory minimum
amount of supervised release. Thus, no effectual relief is
available to him on this issue and we must dismiss this aspect
of the appeal.
Second, Defendant challenges his classification as a Tier III
SORNA offender, which is the most serious classification. See
34 U.S.C. § 20911. This issue is not moot because it impacts
the duration of his registration requirement and the frequency
of the related in-person reporting requirement. See id.
§§ 20915(a)(3), 20918(3). On the merits, we join other Circuits
that have applied a hybrid categorical approach on similar facts
when comparing state and federal sex crimes to make SORNA
tiering decisions. Applying that approach here, we agree with
the District Court that Defendant’s New York sex crime
qualifies for SORNA Tier III.
Although Defendant has not identified an error that merits
appellate relief, the government has notified us that a remand
is necessary, on consent, so that the District Court can
memorialize the Tier III obligation in the judgment. See Fed.
R. Crim. P. 36. Accordingly, we will dismiss the appeal insofar
as Defendant challenges the District Court’s Criminal History
calculation, otherwise affirm the judgment, and remand for the
limited purpose of correcting the judgment.
I.
In October 2015, Defendant was convicted of First Degree
Attempted Rape in violation of New York Penal Law § 130.35.
A New York judge sentenced him to five years’ imprisonment
and eight years of parole. While serving his term of
incarceration for the attempted-rape conviction, Defendant
signed paperwork acknowledging that he was required to
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notify New York of a change in address and abide by any
applicable sex-offender registration requirements in other
jurisdictions.
He did not. At some point in 2021, Defendant started to live
and work in New Jersey. He failed to notify New York of the
changes. He also failed to register as a sex offender in New
Jersey. In April 2024, law enforcement arrested Defendant in
New Jersey and later extradited him to New York based on
parole violations relating to the attempted-rape conviction.
Later that month, Defendant was adjudicated guilty of the
violations and sentenced to time served. He returned to New
Jersey.
In September 2024, federal authorities arrested Defendant
in New Jersey based on an alleged violation of SORNA. In
February 2025, Defendant consented to the filing of an
Information based on the same violation and pleaded guilty
pursuant to a plea agreement.
The District Court sentenced Defendant in July 2025. The
District Court determined that Defendant qualified as a Tier III
sex offender, pursuant to U.S.S.G. § 2A3.5(a) and 34 U.S.C.
§ 20911, based on his New York sex crime. The District Court
then calculated a Guidelines range of 24 to 30 months based on
Offense Level 13 and Criminal History Category IV. Following
that calculation, the District Court imposed a sentence of 24
months’ imprisonment followed by 60 months’ supervised
release.
Defendant timely appealed. He was released from prison
while the appeal was pending. He is currently serving the term
of supervised release.
II.
The District Court had jurisdiction under 18 U.S.C. § 3231.
3
We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C.
§ 3742(a). We review procedural-error sentencing claims for
abuse of discretion, which includes de novo review of legal
questions. United States v. Jackson, 132 F.4th 266, 272 (3d Cir.
2025).1
III.
Defendant challenges the District Court’s determinations
regarding his Criminal History and placement in SORNA Tier
III. The Criminal History issue is moot. The SORNA tiering
issue is live, but we agree with the District Court’s conclusion.
A.
The mootness doctrine prohibits courts from
“pronounc[ing] on past actions that do not have any
‘continuing effect’ in the world.” FBI v. Fikre, 601 U.S. 234,
241 (2024). This limitation on our authority arises from Article
III’s case-or-controversy requirement. The requirement is not
satisfied, and a case is moot, “when it is impossible for a court
to grant any effectual relief whatever to the prevailing party.”
Chafin v. Chafin, 568 U.S. 165, 172 (2013). To be effectual,
“the relief sought must likely redress the purported injury.”
Mejia-Henriquez v. AG, --- F.4th ----, 2026 WL 2489594, at *8
n.10 (3d Cir. 2026).
These principles apply to criminal appeals on an issue-by-
issue basis. See, e.g., United States v. Jackson, 523 F.3d 234,
237-38 (3d Cir. 2008). Speculation about the “possibility” of a
far-removed injury at some point in the future, rather than a
1
Unless otherwise indicated, case quotations omit all internal
citations, quotation marks, footnotes, alterations, and
subsequent history.
4
“certainty or even a probability,” is typically not enough to
avoid mootness. Spencer v. Kemna, 523 U.S. 1, 14 (1998). The
continuing effects we care about most are collateral
consequences arising from the case at issue that function as
ongoing restrictions of a defendant’s liberty. See United States
v. Kissinger, 309 F.3d 179, 182 (3d Cir. 2002).
The District Court’s determination regarding SORNA Tier
III has ongoing consequences despite the fact that Defendant is
out of jail. Based on the District Court’s determination,
SORNA requires him to register as a sex offender for the rest
of his life and to appear in person to verify his registration
every three months. See 34 U.S.C. §§ 20915(a)(3), 20918(3).
A decision in Defendant’s favor could result in direct relief
from some or all of those consequences. That is why his
challenge relating to SORNA Tier III is not moot.
The same is not true for Defendant’s appeal of the Criminal
History calculation. There is no dispute that the calculation was
relevant to the applicable Guidelines range, which at least
arguably affected the District Court’s sentencing decisions on
imprisonment and supervised release. See 18 U.S.C.
§§ 3553(a)(4)(A), 3583(c). Nevertheless, Defendant’s
argument that the District Court erred in that calculation by
relying on an offense-commencement date that is different
from the date in the charging instrument—which overlooks 18
U.S.C. § 3661—could not lead to effectual relief at this point.
In a sentencing remand, the District Court could not reduce the
jail sentence that Defendant already completed. And, because
the District Court already imposed the mandatory minimum
term of supervised release, the court could not reduce that
aspect of his punishment either. See 18 U.S.C. § 3583(k); see
also Jackson, 523 F.3d at 239.
Our constitutional authority to adjudicate this part of
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Defendant’s appeal is not saved by the potential relevance of
his federal sentence to the ongoing parole-violation
proceedings and open criminal cases that Defendant faces in
New York and New Jersey. Defendant argues that a finding
here that he served too much jail time would work to his
advantage in those cases. Too much speculation for us. The
argument requires us to presume that the state proceedings will
be resolved against Defendant and that sentencing judges in
those proceedings addressing conceptually distinct misconduct
would credit a federal error to Defendant’s benefit. Reaching
the merits based on those presumptions would stretch the case-
or-controversy requirement well beyond the breaking point.
Accordingly, Defendant’s challenge to the District Court’s
calculation of his Criminal History is moot. We will dismiss
that aspect of the appeal.
B.
The District Court was correct that Defendant is a Tier III
offender under SORNA. We adopt the hybrid categorical
approach employed by other Circuits to resolve the issue in this
appeal. Under that approach, Defendant’s New York
attempted-rape crime is a categorical match for attempted
sexual abuse, in violation of 18 U.S.C. § 2242(1).
1.
This appeal requires us to interpret statutory text from the
definitions of SORNA Tier II and Tier III. See 34 U.S.C.
§ 20911(3)-(4). Tier I serves as a catch-all for the remainder of
sex offenders. See id. § 20911(2). For Tiers II and III, the main
task is an assessment of whether the offender’s sex crime is
either (1) “comparable to,” or (2) “more severe than,” a list of
offenses from Title 18 of the U.S. Code. Id. § 20911(3)(A),
(4)(A).
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Other Circuits have employed the categorical approach
when applying the first part of this text to consider whether the
state crime is “comparable to” a federal crime from Congress’s
list. See, e.g., United States v. Coulson, 86 F.4th 1189, 1194-95
(8th Cir. 2023). In other settings, we have noted flaws in that
methodology. See, e.g., United States v. Vines, 134 F.4th 730,
733 (3d Cir. 2025). And the categorical approach is not a
perfect fit here due to Congress’s use of the second phrase,
“more severe than.” See United States v. Walker, 931 F.3d 576,
579 n.2 (7th Cir. 2019). That language is not dispositive in this
appeal. So we need not address the delta it creates between
SORNA’s Tier definitions and other federal statutes where
precedent requires us to use the categorical approach. See id.
We are persuaded that “SORNA triggers at least” the
categorical approach with respect to the phrase “comparable
to . . . the following offenses” in the definitions of Tier II and
Tier III. Id. We need not, and do not, go further in this appeal.
In addition to the comparison of state and federal crimes,
other features of SORNA’s Tiers have a “circumstance-specific
thrust.” Ndungu v. AG, 126 F.4th 150, 162 (3d Cir. 2025). For
example, one of the Tier II federal comparators requires that
the offense have been committed “against a minor.” 34 U.S.C.
§ 20911(3)(A). A Tier III comparator requires that the federal
crime have been committed “against a minor who has not
attained the age of 13 years.” Id. § 20911(4)(A)(ii). These
features of the statute apply to “specific circumstances
surrounding an offender’s commission of [the crime] . . . on a
specific occasion.” Nijhawan v. Holder, 557 U.S. 29, 40
(2009).
Based on Nijhawan, we hold that District Courts are to
apply the circumstance-specific features of the SORNA Tier
definitions based on documents relating to the state offense,
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including the charging instrument, the judgment, presentence
reports, and any other sentencing material that provides
evidence relating to Defendant’s conduct in connection with
the sex crime. See Rad v. AG, 983 F.3d 651, 659 (3d Cir. 2020).
This is why it is known as the hybrid categorical approach.
Categorical as to the generic federal crimes listed in the Tier
definitions, and circumstance-specific as to the victim’s age.
See Coulson, 86 F.4th at 1194; Walker, 931 F.3d at 580; United
States v. Berry, 814 F.3d 192, 197 (4th Cir. 2016).
2.
Applying the hybrid categorical approach, we agree with
the District Court that Defendant is a Tier III offender. We
reach that conclusion, however, based on a different federal
comparator than the one relied upon at Defendant’s sentencing.
Defendant’s sex crime is a categorical match for the federal
crime of attempted sexual abuse, in violation of 18 U.S.C.
§ 2242(1). See 34 U.S.C. § 20911(4)(A)(i).
Defendant contends that § 2242(1) is off the table because
the government did not cite that crime at his sentencing or in
its main appellate brief. The government concedes having
overlooked the argument, but there is no indication that we are
dealing with an intentional waiver. See United States v.
Dowdell, 70 F.4th 134, 140 (3d Cir. 2023). “[W]e may, and here
do, affirm on any ground supported by the record as long as the
appellee did not waive—as opposed to forfeit—the issue.”
United States v. Brow, 62 F.4th 114, 119 n.4 (3d Cir. 2023). In
addition, we may excuse forfeitures based on extraordinary
circumstances. See Dowdell, 70 F.4th at 140. In this case, the
public’s interest in reaching the argument presents such a
circumstance because of the sensitive class of victims that
SORNA protects.
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The dispositive comparison between Defendant’s
attempted-rape crime and the federal sexual abuse statute turns
on the level of coercion required. For both, coerciveness turns
on the victim’s fear. Defendant’s state sex offense required
proof of “forcible compulsion.” N.Y. Penal Law § 130.35(1)
(2015). New York defines “forcible compulsion” to include a
threat that “places a person in fear of immediate death or
physical injury to himself, herself or another person.” Id.
§ 130.00(8)(b). Under the relevant federal statute, attempted
sexual abuse is defined as causing “another person to engage
in a sexual act by threatening or placing that other person in
fear.” 18 U.S.C. § 2242(1). The fear-based compulsion that
was necessary to establish Defendant’s New York sex crime is
a categorical match for the threat element of 18 U.S.C.
§ 2242(1). Cf. United States v. Valder, 188 F.4th 183, 193 (2d
Cir. 2026) (“[T]here is no form of compulsion a person can use
to commit that state crime without necessarily engaging in
compulsive conduct that would be a Federal sex
offense . . . .”); United States v. Gavin, 959 F.2d 788, 791 (9th
Cir. 1992). This is enough to sustain the District Court’s
placement of Defendant in Tier III.
Seeking to avoid that conclusion, Defendant argues that the
New York crime is broader than the federal comparator
because “forcible compulsion” includes fear of harm to
“another person.” N.Y. Penal Law § 130.00(8)(b). We are not
persuaded. Forcible compulsion under § 130.00(8)(b), like
attempted sexual abuse under § 2242(1), requires proof that the
perpetrator coerced the victim through fear. Under New York
law, the “‘proper focus is on the state of mind produced in the
victim by the defendant’s conduct.’” Valder, 188 F.4th at 197
(quoting People v. Thompson, 530 N.E.2d 839, 842 (N.Y.
1988)). The forcible-compulsion definition “does not suggest
that compulsion of a victim can be proved by instilling fear in
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a third party in the absence of any fear in the victim.” Id. at 12.
Defendant has cited no evidence demonstrating even a
“theoretical possibility,” much less the required “realistic
probability,” that New York prosecutors would apply the
statute in such an atextual fashion. United States v. Henderson,
80 F.4th 207, 213 n.6 (3d Cir. 2023). Therefore, the term
“another person” in New York Penal Law § 130.00(8)(b) does
not undermine the categorical match between Defendant’s sex
crime and the federal crime of attempted sexual abuse.
IV.
Based on the foregoing, we will dismiss the appeal insofar
as Defendant challenges the District Court’s Criminal History
calculation, otherwise affirm the judgment, and remand for the
limited purpose of allowing the District Court to modify the
judgment by memorializing that Defendant is a Tier III
SORNA offender.
Counsel for Appellant
Alison Brill [Argued]
Office of Federal Public Defender
Counsel for Appellee
Mark E. Coyne
Steven G. Sanders [Argued]
Office of United States Attorney
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