United States v. Jasperson Ogburn

MEMORANDUM

Jasperson Curtis Ogburn appeals his conviction under 18 U.S.C. § 2250 (a) for failure to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (“SORNA”). He also appeals the district court’s denial of a two-level downward sentencing adjustment for acceptance of responsibility under United States Sentencing Guidelines § BEl.l(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Ogburn’s conviction but vacate the sentence imposed by the district court and remand for resentenc-ing.

The district court did not err in rejecting Ogburn’s claim that his indictment was duplicitous. The government charged Og-burn with one count of failure to register under SORNA, with the failure to register beginning on or about August 17, 2010, and continuing to on or about May 1, 2012. Although Ogburn traveled in interstate commerce more than once during the charged period, we have held that failure to register or update a registration under SORNA is a continuing offense, United States v. Elkins, 688 F.3d 1039 , 1045 (9th Cir.2012), and that an indictment that charges a continuing offense is not duplicitous, United States v. Mancuso, 718 F.3d…