United States v. Engles

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Defendant Billy Engles appealed the revocation of his federal supervised release based on a criminal conviction in state court. Defendant was a registered sex offender in Oklahoma. In 2013, he was on federal supervised release for an unrelated federal offense. A condition of Defendant’s supervised release stated that he “shall not commit another federal, state or local crime.” Defendant accompanied his then live-in girlfriend to her sixteen-year-old daughter’s high school to update the daughter’s emergency contact form. Defendant and his girlfriend spent approximately 10 minutes on campus completing this task. One of the school employees recognized Defendant as a sex offender, and reported his visit. Based on this 10-minute visit to the school, Oklahoma charged Defendant with violating Oklahoma’s Zone of Safety Around Schools statute. Defendant argued in state court that he was not “loitering” because he went to the school very briefly to perform a specific task. The state judge and jury rejected Defendant’s argument, convicted him, and imposed a sentence of time served plus a $2,500 fine. At the time of Defendant’s appeal before the Tenth Circuit, his appeal of that conviction was pending in Oklahoma state court. Because his direct appeal asserted on View "United States v. Engles" on Justia Law