United States v. Lance Longie
CourtCourt of Appeals for the Eighth Circuit
Date FiledJuly 28, 2026
Docket24-3302
StatusPublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-3302
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Lance Quintin Longie
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Northern
____________
Submitted: October 24, 2025
Filed: July 28, 2026
____________
Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.
____________
LOKEN, Circuit Judge.
In February 2004, Lance Quintin Longie pleaded guilty in a Moorhead,
Minnesota state court to criminal sexual conduct in the first degree. He was classified
as a Tier III sex offender under Minnesota law, requiring him to register as a sex
offender under state law and maintain his federal registration status under the Sex
Offender Registration and Notification Act (“SORNA”). Longie was released from
custody, commenced supervised release, and registered in Minnesota in 2011. In
2020, he was found guilty after trial of a second Predatory Offender violation in
Moorhead state court for knowingly violating registration requirements and
intentionally providing false information. He was sentenced to 24 months.
Longie was released by the Minnesota Correctional Facility in St. Cloud on
May 31, 2022 after stating on a Predatory Offender Registration Change of
Information Form that he would reside at the Dorothy Day House in Moorhead. On
June 1, Longie and his mother met with supervised release agent Matthew Rapp to
discuss conditions and registration requirements. Homeless at the time (Dorothy Day
House did not have space for him), Longie expressed an interest in moving to North
Dakota or South Dakota for employment. Agent Rapp explained that Longie must
provide specific information and Rapp would then submit an interstate travel
application for approval. Longie and Rapp met again on June 15 to discuss
registration requirements. He appeared at the Moorhead Police Department and
registered as living in Moorhead on June 29. A third meeting was rescheduled to July
14; Longie failed to show and had no further contact with Agent Rapp. Instead, he
spent time with his father in North Dakota around the July 4th holiday and later
moved to South Dakota to live with his mother. He did not register in North or South
Dakota and a warrant issued for his failure to comply with SORNA requirements.
In March 2024, when Longie had not registered with law enforcement for
approximately 632 days, the Sheriff’s Office in Roberts County, South Dakota
received a tip he was residing with his mother in New Effington. Executing the
warrant, officers found Longie hiding in the bathroom. He was charged with one
count of failure to register as a sex offender in violation of 18 U.S.C. § 2250(a). He
entered a not guilty plea, exercised his right to a jury trial, and on the eve of trial
submitted jury instruction requests that included an instruction on the “uncontrollable
circumstances” affirmative defense in 18 U.S.C. § 2250(c):
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(c) Affirmative Defense. -- In a prosecution for a violation under
subsection (a) or (b), it is an affirmative defense that --
(1) uncontrollable circumstances prevented the individual from complying;
(2) the individual did not contribute to the creation of such circumstances in
reckless disregard of the requirement to comply; and
(3) the individual complied as soon as such circumstances ceased to exist.
During the one-day trial, the jury heard testimony offered by the defense to
establish an uncontrollable circumstances affirmative defense. The district court1
excluded testimony from Longie and his mother about “conditions” Longie faced in
Minnesota that followed him to North and South Dakota, and threats and threatening
behavior by unnamed individuals that allegedly prevented him from fulfilling his
registration requirements. At the close of evidence, the district court declined to
instruct the jury on the § 2250(c) affirmative defense, rejecting defense counsel’s
argument that the “treatment, harassment, threats” kept Longie from registering:
[T]hat’s not sufficient. I’m not going to instruct on so-called
uncontrollable circumstances. There is absolutely no evidence of that.
No credible evidence on that. No evidence of anything reported to law
enforcement.
The jury convicted Longie and he was sentenced to 45 months in prison. He now
appeals, arguing the district court erred in (1) excluding this testimony and (2)
refusing to instruct the jury on his affirmative defense. We affirm.
1
The Honorable Charles B. Kornmann, United States District Judge for the
District of South Dakota.
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Discussion
A. Interpreting the Affirmative Defense. SORNA’s legislative history
reported that its purpose when enacted in 2006 was to “make more uniform what had
remained a patchwork of federal and 50 individual state registration systems, with
loopholes and deficiencies that had resulted in an estimated 100,000 sex offenders
becoming missing or lost,” Nichols v. United States, 578 U.S. 104, 111-12 (2016)
(quotation omitted), which was especially troubling because sex offenders have a
higher rate of recidivism than other offenders, United States v. Gould, 568 F.3d 459,
472 (4th Cir. 2009) (citation omitted). Congress therefore criminalized knowing
failure to register or update a sex offender registration in 18 U.S.C. § 2250(a), subject
to the uncontrollable circumstances affirmative defense in § 2250(c). Case law
applying § 2250(c) and its three statutory elements is sparse; we have not addressed
the defense, nor have many of our sister circuits.
The task of interpreting the meaning of a statute “begins where all such
inquiries must begin: with the language of the statute itself. . . . [W]here . . . the
statute’s language is plain, the sole function of the courts is to enforce it according
to its terms. . . . The plain meaning of legislation should be conclusive, except in the
rare cases in which the literal application of a statute will produce a result
demonstrably at odds with the intentions of its drafters.” United States v. Ron Pair
Enters., Inc. 489 U.S. 235, 242 (1989) (cleaned up). Here, the elements of the
defense are spelled out in great detail in § 2250(c) but are not addressed in SORNA’s
extensive legislative history. The few reported cases addressing § 2250(c) do not
“begin[] . . . with the language of the statute itself,” so they are not reliable
interpretive precedent.
Fortunately, Congress itself provided that guidance by using almost the exact
same language in a statute enacted a few years before SORNA. See 18 U.S.C.
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§ 3146(c), a provision of Title II of the comprehensive Sentencing Reform Act of
1984, known as the Bail Reform Act amendments.
§ 3146. Penalty for failure to appear
* * * * *
(c) Affirmative defense. It is an affirmative defense to a prosecution
under this section that uncontrollable circumstances prevented the
person from appearing or surrendering, and that the person did not
contribute to the creation of such circumstances in reckless disregard of
the requirement to appear or surrender, and that the person appeared or
surrendered as soon as such circumstances ceased to exist.
The Bail Reform Act dramatically reformed sentencing policy, increasing the number
of defendants who are released on bond instead of being detained prior to trial.
Congress concluded that defendants released on bond who then abuse that benefit by
failing to appear or surrender as required should be subject to a failure-to-appear
criminal penalty, but did not impose a criminal penalty on those who “fail[ed] to
surrender because they could not do so.” United States v. Springer, 51 F.3d 861, 866
(9th Cir. 1995). Thus, Congress included the statutory affirmative defense.
In Springer, the defendant, a nuclear bomb testing opponent, interfered with
an official ceremony by destroying a crystal eagle being received by President Ronald
Reagan to call attention to a nuclear bomb test the next day. He was convicted of
interference with the Secret Service, ordered to surrender, and failed to surrender
when ordered to do so because “he wanted his surrender to be a media event.” Id. at
863. On appeal, the Ninth Circuit rejected Springer’s two asserted defenses to his
failure to appear conviction, a necessity defense, which the court held “is inapplicable
to cases involving indirect civil disobedience,” and the uncontrollable circumstances
affirmative defense in § 3146(c). As to that defense, the court conducted a proper
plain meaning analysis:
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This language, on its face, exudes a concern that something will actually
prevent a person from surrendering. The very idea of “uncontrollable”
is something that cannot be managed, something that is ungovernable.
The very idea of “prevent” is something that forestalls, frustrates or
deprives one of the power of acting. That does not describe a situation
where a person sits down and decides that he simply will not do
something, even though he can do it. It does not describe a conscious
decision-making process wherein a person decides that some political
or moral value is simply more important (even much more important)
than obeying the law which requires his surrender.
Id. at 866. We agree with this plain meaning analysis of the § 3146(c) affirmative
defense. Though the failure-to-register offense in § 2250(a) of SORNA is of course
different in ways that must be taken into account in applying the analysis to the
§ 2250(c) affirmative defense, we conclude that Congress must have ascribed the
same plain meaning when it enacted identical affirmative defense language in
enacting SORNA little more than 20 years after enacting the Bail Reform Act. So we
will apply this plain meaning analysis to the exclusion-of-evidence and jury
instruction issues raised on appeal.
The Department of Justice SORNA regulations also help fill the analytical gap
in the case law by providing three examples of limited factual scenarios that would
justify the § 2250(c) defense.2 The first example is a sex offender who changes
residence from one jurisdiction to another, thereby triggering SORNA’s requirement
to register within three business days in each jurisdiction where the sex offender
resides. If the sheriff’s office in his new jurisdiction is unable to meet with him
2
In addressing these Department of Justice regulations, we exercise our
“independent judgment” and “seek aid from the interpretations of those responsible
for implementing particular statutes. Such interpretations constitute a body of
experience and informed judgment to which courts and litigants may properly resort
for guidance . . . .” Union Pac. R.R. Co. v. Surface Transp. Bd., 113 F.4th 823, 833
(8th Cir. 2024), quoting Loper Bright Enters. v. Raimondo, 603 U.S. 369, 394 (2024).
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within these three business days, but could do so the following week, the offender
would have an affirmative defense for the period before the sheriff’s office could
register him. 28 C.F.R. § 72.8(a)(2), Example 1. In the third example, a sex offender
must travel to a foreign country due to a family or work emergency, causing him to
be unable to give 21 days’ notice as required by the statute. The offender would have
the § 2250(c) defense for this period but not if he failed to provide the registration
jurisdiction notice, even if short, of his intent to travel. Id., Example 3. In the second
example, registration authorities in a particular jurisdiction “will not register
offenders on the basis of the offense for which the sex offender was convicted.” The
offender has the defense until he becomes aware that the jurisdiction has changed this
policy, which is not uncommon. Id., Example 2.
B. The Exclusion of Evidence Issue. Longie challenges the district court’s
exclusion of portions of his testimony and his mother’s testimony, most of which the
district court deemed irrelevant. “We review a district court’s evidentiary rulings for
abuse of discretion. Reversal is warranted only if the district court’s evidentiary
rulings constitute a clear and prejudicial abuse of discretion.” United States v.
Thurber, 106 F.4th 814, 830 (8th Cir. 2024) (quotation omitted), cert. denied, 145 S.
Ct. 1071 (2025). “Federal Rule of Evidence 401 characterizes evidence as relevant
if ‘it has any tendency to make a fact more or less probable than it would be without
the evidence’ and the ‘fact is of consequence in determining the action.’” United
States v. McCorkle, 688 F.3d 518, 521 (8th Cir. 2012). “Although the definition of
‘relevant evidence’ given in Federal Rule of Evidence 401 is broad, it does have
limits.” United States v. Hollister, 746 F.2d 420, 422 (8th Cir. 1984) (evidence
offered in support of duress defense excluded because it did not contribute to the
defendant’s alleged reasonable fear of imminent bodily harm).
In this case, on the eve of trial, defense counsel submitted jury instruction
requests that included a requested instruction on the “uncontrollable circumstances”
affirmative defense in § 2250(c). Nothing in the record on appeal suggests the district
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court was otherwise made aware before the trial began that the statutory affirmative
defense in § 2250(c) would be an issue. Indeed, the district court’s comments at trial
indicated, not surprisingly, that it expected the common law defenses of duress and
necessity would likely be at issue in a trial of the government’s § 2250(a) charges.
As the court explained in Springer, the statutory uncontrollable circumstances
affirmative defense is a related modification of these common law defenses. See 51
F.3d at 867.
1. Longie’s Mother’s Testimony. The government’s evidence at trial included
testimony by Longie’s father, mother, and two sisters regarding the charge of
knowing failure to register. During Longie’s cross exam of his mother’s direct
testimony, defense counsel began an effort to establish the “uncontrollable
circumstance” defense. The district court sustained government objections and
excluded her answers to the following two questions:
Defense Counsel: You were aware of some issues that [Longie]
had in Minnesota, right?
Longie’s Mother: Yes, he told me, he called me on a few --
Government: Objection; relevance.
The Court: Sustained.
***
Defense Counsel: Have you ever been mistreated in your
community as a result of [Longie] having to register?
Government: Objection; relevance.
The Court: Sustained.
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After those rulings, defense counsel made no request for a conference outside the
jury’s presence to explain to the court the defense wished to pursue a § 2250(c)
affirmative defense and to show, perhaps with an offer of proof, why the mother’s
answers to the excluded questions would be relevant to that defense. Cf. Am. Auto.
Ins. Co. v. Omega Flex, Inc., 783 F.3d 720, 723-24 (8th Cir. 2015); Fed. R. Evid.
103(a)(2).
Longie argues the district court improperly excluded answers to these
questions. We disagree because Longie failed to show that either would contribute
to his alleged defense -- that reasonable fear of uncontrollable circumstances
prevented him from complying with his registration requirements, as defense counsel
later described when Longie testified in his own defense. The first question asked
whether she was aware of “issues [Longie] had in Minnesota.” But how would those
conditions show that something uncontrollable -- something that cannot be managed
-- “prevented” Longie from registering, or even contacting SORNA registration
agents in Minnesota, North Dakota, or South Dakota, for the 632 days that followed?
Longie’s mother was present when Agent Rapp explained to Longie what registration
required and that he must provide information before Rapp could submit an interstate
travel application for approval. She almost certainly knew Longie had not done that
when she drove him to South Dakota a few months later, where he lived with her for
some 18 months. So she knew he was violating SORNA’s requirements.
Longie’s mother doubtless also knew Longie did not register or even contact
SORNA agents during that 18-month period in South Dakota. Thus, the supposed
“issues” Longie had in Minnesota, even if they somehow “prevented” his registration
there, did not prevent him from registering in South Dakota during a significant
majority of the time alleged in the indictment. Likewise, the second question --“Have
you ever been mistreated in your community as a result of [Longie] having to
register?” -- lacked any connection to his § 2250(c) defense. Longie began
registering in Minnesota almost 18 years before the knowing failure-to-register dates
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alleged in the indictment. Longie’s purported § 2250(c) defense -- not clearly
articulated to the court at the time of these rulings -- required him to establish that
uncontrollable circumstances prevented him from complying during the time alleged
in the indictment. The district court did not err in excluding answers to these
questions as not relevant to the defense requested in the defense’s pretrial
instructions. Even if Longie was subject to threats that made him want to move to the
Dakotas rather than maintain his Minnesota registration, he was not “prevented” --
“forestall[ed], frustrate[d] or deprive[d] of the power of acting” in the manner Agent
Rapp carefully explained to Longie and his mother was necessary for him to obtain
an approved interstate travel application that would allow him to leave the Minnesota
SORNA jurisdiction. Instead, he knowingly left Minnesota for 632 days. And
Longie made no request to recall his mother after his testimony made his
uncontrollable circumstances defense at least somewhat better explained.
2. Longie’s Testimony. After the government rested, Longie was called as the
only defense witness, and the defense continued its effort to establish an
“uncontrollable circumstance” defense. The district court sustained government
objections and excluded direct testimony about how Longie was treated in South
Dakota, including an incident where he was supposedly left beaten on the road:
Defense Counsel: Describe verbal comments that you dealt with
while you were in Roberts County.
Government: Objection; relevance.
The Court: Sustained.
Defense Counsel: How were you treated in Roberts County?
Government: Objection; relevance.
The Court: Sustained.
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Defense Counsel: What do you want the jury to know about what
happened to you on a road?
Longie: I was -- I was left -- well, I was beaten, I was left in the
-- I still have the wounds on my legs. I was left --
Government: Objection; relevance.
The Court: You’re not claiming you were beaten up by the
police, are you?
Longie: I don’t know who they are.
The Court: Well -- sustained.
After this exchange, defense counsel asked questions more directly related to the
uncontrollable circumstances defense:
Defense Counsel: Lance, as you sit before the jury today, do you
believe you’ve dealt with uncontrollable circumstances?
Longie: Yes.
Defense Counsel: What are those?
Longie: I had people coming into my mom’s house ‘cuz they
know how to get in. All you had to do is like get a card and you --
Government: Objection; relevance.
The Court: You’re raising the defense of duress?
Defense Counsel: Your Honor, Mr. Longie is -- would like to
raise the defense of an uncontrollable circumstance and how he was
treated. That’s his purported testimony.
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The Court: Well, that’s up to me to make that decision not for
the jury. You’re -- I think -- did I send you some information on what
it takes to prove duress?
Defense Counsel: In this case, Your Honor, no.
The Court: Okay. It’s the burden of the Defendant to prove that
someone else forced him to commit a federal crime. For example, that
he held up a bank because the people with him held him at gunpoint,
something of that nature.
But the fact that -- that people don’t like sex offenders is not
material here. So I’m not going to allow him to do that. I’m sorry.
Defense Counsel: Understood, Your Honor.
The government’s cross examination of Longie pursued the factual aspects of the
defense in greater detail:
Defense Counsel: Did you leave [Moorhead] by yourself or were
you with other people? . . .
Longie: I was forced to leave.
Government: Forced to leave by who?
Longie: By these people I’m telling you were harassing me.
Government: Where did you meet these people at?
Longie: They . . . lived around Moorhead. . . . I always had
issues around that area.
Government: And how did you meet these people?
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Longie: I don’t know, one of them under -- like they -- a lot of
these people I meet are the same people that like go to Dorothy Day or
go to Churches United or same places that homeless people go to, you
know.
Government: So you left Moorhead with these people?
Longie: Like what I said, I didn’t have no choice. . . .
***
Government: When you left Moorhead, were you with other
people?
Longie: When I left . . . after I was threatened, I left with my
mother.
***
Government: How come you didn’t say anything about this to
your parole officer Michael Rapp?
Longie: I did, and [unidentified SORNA officials] said who are
the names and I said, I don’t know, these -- these are the names I think.
I don’t know their names -- like, if someone is gonna threaten you,
they’re not going to give you their real name, you know what I mean.
Government: And how did they threaten you specifically?
Longie: They found out that I had to register.
Government: Okay. And how did they threaten you?
Longie: I don’t know, one of them -- one of them, one of them
had a gun, it looked like it was a some kind of revolver or something.
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Government: What were -- what was the name of the
individual that threatened you?
Longie: Like I said, I -- I tried to tell [SORNA officials]
what their names what I thought they were, but they said that they
didn’t have nobody there by that name so that must not have been
their name.
Government: So you don’t -- you don’t know their names?
Longie: I don’t know who they really were, no.
***
Government: Did you go to North Dakota with these
individuals? . . .
Longie: Did we go to North Dakota? Yes, they brought me to
North Dakota, but then they brought me back.
Government: So you stayed at your dad’s place in North Dakota
with these individuals? . . .
***
Longie: No. My mom is the one that brought me to North
Dakota --
***
Government: When did you go to live at your mom’s house?
Longie: Probably like -- probably around July 7th, July 6th,
somewhere around there. . . .
Government: [W]ho drove you there?
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Longie: My mom. . . .
***
Government: And how long had you been living there before
you were arrested? . . .
Longie: Probably about a year and a half.
***
Government: [Y]ou knew you had a requirement to register as
a sex offender, yes?
Longie: Yes. . . .
Government: Did you register as a sex offender when you were
living with your mom at her home in South Dakota?
Longie: No.
Government: Nobody at that house you were living with was
holding you against your will in that house, correct?
Longie: Nobody there, no . . . but like I said, when they leave,
these people knew how to get into my mom’s house, like all you had to
do is get a card and where you lock the door, you put the card in there
and come right in, and . . . you know they wanted me to run . . . to get
me away from my mom so then they could like do something to me, you
know what I mean . . . .
Government: Objection, narrative.
Court: Sustained. . . .
Government: No further questions, Your Honor.
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Court: Any redirect?
Defense Counsel: No, Your Honor. . . . The defense would
rest . . . .
These exchanges make clear that the district court allowed Longie to testify to
the factual bases of the newly articulated § 2250(c) defense but excluded testimony
that did not sufficiently support the § 2250(c) defense because it was up to the court
“to make that decision for the jury.” We review an evidentiary ruling based on the
legal insufficiency of Longie’s § 2250(c) defense de novo. United States v. Yan
Naing, 820 F.3d 1006, 1011 (8th Cir. 2016). “[A] district court properly excludes
evidence of the defense if the evidence taken in the light most favorable to the
defendant would not support a finding [of the defense] by a preponderance of the
evidence.” United States v. Myles, 962 F.3d 384, 388 (8th Cir. 2020).
The jury heard Longie’s testimony about the threats and their impact, the
incident on the road, and the fact that people were watching and coming into his
mother’s house in South Dakota. But he refused to identify these people, and he
never explained how the alleged threats and verbal harassment denied him the ability
to register in South Dakota. Longie confirmed that these people knew his status as
a sex offender but never explained why they would want to prevent him from
registering in South Dakota. Longie’s father testified that Longie arrived with two
people around the Fourth of July, seemed to be under no pressure or coercion, and left
on his own shortly thereafter.
During the government’s cross examination, after Longie agreed he was
required to register as a sex offender, was registered in Moorhead in June of 2022,
and left Minnesota, the jury heard additional testimony relevant to whether Longie
was prevented from complying with his registration conditions by uncontrollable
circumstances. The district court did not exclude the factual basis for Longie’s
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implausible contention that threats in Minnesota in July 2022 prevented him from
even attempting to register in South Dakota for 632 days after he violated known
conditions for his sex offender status by going there without interstate travel
approval. The court did not err in concluding that this evidence taken in the light
most favorable to Longie would not support a finding that the three elements of the
§ 2250(c) defense were established by a preponderance of the evidence.3 There was
no error in excluding portions of this testimony inconsistent with this legal principle
but allowing the jury to consider Longie’s claims of threat in deciding whether the
government had proven a § 2250(a) violation.
Even if the district court did err in excluding portions of either Longie or his
mother’s testimony, we have no difficulty concluding such an error was harmless
beyond a reasonable doubt. See United States v. Herbst, 668 F.3d 580, 585 (8th Cir.
2012) (standard). The government introduced evidence that strongly established
Longie’s guilt of a § 2250(a) violation, including testimony that he was living in his
mother’s house of his own free will, knowing he had left the Minnesota jurisdiction
without the travel approval required and knowing his SORNA obligations require that
he attempt to register in South Dakota. The excluded testimony, tangentially related
to a § 2250(c) defense, had minimal relevance at best. The court permitted Longie
to testify about many details relating to a § 2250(c) defense, such as being threatened
with a revolver, more than supporting the inference that any error did not contribute
to the jury’s verdict of a knowing § 2250(a) violation. See id. at 585-86.
C. Denial of Jury Instruction. We review de novo whether a defendant has
produced enough evidence to warrant an instruction on an affirmative defense.
3
Longie must show he encountered “uncontrollable circumstances” that
“prevented [him] from complying,” did not contribute to those circumstances in
“reckless disregard of the requirement to comply,” and complied as soon as “such
circumstances ceased to exist.” § 2250(c)(1)-(3).
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United States v. Ladeaux, 61 F.4th 582, 586 (8th Cir. 2023). “A defendant is entitled
to an instruction as to any recognized defense for which there exists evidence
sufficient for a reasonable jury to find in his favor.” United States v. Diaz, 736 F.3d
1143, 1149-50 (8th Cir. 2013) (quotation omitted). To receive a § 2250(c) jury
instruction, Longie had to provide sufficient evidence to establish all three elements
of the statute, a burden he cannot carry for at least elements one or three.4
Section 2250(c)(1) requires that the defendant establish “uncontrollable
circumstances” that “prevented the individual from complying.” In this case,
Longie’s evidence at best only supported that he faced uncontrollable circumstances,
not that they prevented him from complying. Longie claimed he faced harassment
and threats, but when pressed on the specific details of the threats, Longie repeatedly
equivocated, saying “I don’t know” and struggling to come up with any details that
could be independently corroborated. Even if we assume the threats could constitute
uncontrollable circumstances (we do not decide that issue), Longie still failed to meet
this element because he never tied the threats to his inability to register. Nowhere is
there evidence how or why the unidentified harassers prevented him from going to
law enforcement, except for one solitary comment that he did not register because he
was threatened. Longie may have been scared, but his subjective feelings are not
sufficient to satisfy § 2250(c)(1). See United States v. Picard, 995 F.3d 1, 5 (1st Cir.),
cert. denied, 142 S. Ct. 619 (2021). Furthermore, the government introduced
evidence casting grave doubt on the validity of this testimony -- specifically, that
Longie told his parole officer he was moving for work opportunities, not because of
threats, and that he was not held in his mother’s house against his will. Taken
together, Longie did not meet his § 2250(c)(1) burden to demonstrate that
“uncontrollable circumstances prevented [him] from complying.”
4
Because Longie cannot establish § 2250(c)(1) or (c)(3), we see no need to
address whether he satisfied § 2250(c)(2).
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In addition, § 2250(c)(3) requires the defendant to comply as soon as the
uncontrollable circumstances cease. Here, Longie never took any steps to ensure
compliance in the face of these threats. He was found hiding in his mother’s bathtub
at the end of 632 days of knowing noncompliance. His defense necessarily rested on
the premise that these individuals harassed him continually for 20 months and
prevented him from registering during this entire period. But the sheer length of time
Longie did not register, as well as his initial unauthorized trip to North Dakota where
he did not appear in distress, cast overwhelming doubt on this premise. Longie
testified that he was unable to report his harassers to law enforcement because he did
not know their names. But he offered no corroborative evidence from a Dorothy Day
House official or resident, he intentionally left Minnesota instead of attending a third
compliance meeting with Agent Rapp, and he never went to the Roberts County
Sheriff’s Office to tell them about his lapsed registration or explain its cause during
the 20 months he did not register and a warrant was outstanding for his SORNA
noncompliance.5 Longie failed to show that he made any effort to comply as “soon
as such circumstances ceased to exist.”6
5
In Picard, the First Circuit upheld the district court’s refusal to instruct on the
§ 2250(c) affirmative defense by a defendant who claimed his registration
instructions “bewildered” him and were “not clear,” noting the defendant had not
made “any effort to contact either Probation or the . . . Sheriff’s Department to clarify
his registration obligations.” 995 F.3d at 5.
6
Longie’s brief emphasizes that the district court mischaracterized his proffered
defense as “duress” when he first offered testimony at trial purporting to support this
undisclosed defense theory. But as explained, the district court understandably
assumed Longie was raising the related duress defense. As Longie’s evidence did not
support the well-established elements of a duress defense, its refusal to give the
proffered jury instruction was sound. Longie and defense counsel were responsible
for any misunderstanding, which did not affect the merits of its instruction decision.
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Because Longie failed to produce evidence that would satisfy all three
elements of the § 2250(c) statutory affirmative defense to the government’s
overwhelming evidence of his knowing failure to comply with his known registration
obligations for 632 days, and because the excluded portions of both his and his
mother’s testimony were irrelevant to that determination, the district court properly
denied instructing the jury on the defense.
For the foregoing reasons, the judgment of the district court is affirmed.
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