United States v. Bill Carroll

MEMORANDUM

Bill Wade Carroll appeals his convictions following a jury trial for conspiracy to advertise child pornography, in violation of 18 U.S.C. §§ 2251 (d)(1)(A), (e); 2252A(a), (b)(1), (b)(2), and violation by a registered sex offender, in violation of § 2260A. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand for resentencing.

The government concedes that Carroll was not required to register as a sex offender for his 1999 Ohio conviction and that Carroll’s conviction under .§ 2260A was plain error. We agree. See State v. Williams, 129 Ohio St.3d 344 , 952 N.E.2d 1108, 1110-13 (2011) (holding unconstitutional the retroactive application of the 2007 Ohio Sex Offender Registration and Notification Act). We therefore reverse and remand for the district court to enter a judgment of acquittal as to Carroll’s § 2260A conviction.

Carroll also argues that the errors giving rise to his conviction under § 2260A rendered his entire trial fundamentally unfair, such that this Court should also reverse his conviction for conspiracy to advertise child pornography. Carroll specifically contends that the errors leading to his § 2260A conviction…