United States v. Tim Collins

MEMORANDUM

Tim James Collins pled guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and waived his right to appeal the residency restriction condition of supervised release. On appeal, Collins claims not to challenge the length of his term of supervised release or the residency restriction condition. Instead, he argues that the residency restriction, taken together with restrictions that California Penal Code § 3003.5(b) would impose on him as a federal sex offender, renders the sentence unreasonable. Moreover, he also challenges the constitutionality of the California statute at issue. We assume for the purposes of this appeal that Collins did not waive his right to raise this issue on appeal, but we nonetheless reject it.

The Attorney General of California has consistently taken the position that the California law at issue only applies to state parolees. Brief for Respondent, People v. Mosley, No. S187965, 60 Cal.4th 1044 , 185 Cal.Rptr.3d 251 , 344 P.3d 788 , 2015 WL 858216 (Mar. 2, 2015), available at 2011 WL 1762429 , at *11-12. Collins is not a state parolee and he admits that the state has “[made] clear that it will not…