Free Motion for Bill of Particulars - District Court of Delaware - Delaware

I Case 1 :08-cr—00059-GIVIS Document 23 Filed 07/31 /2008 Page 1 ot 3 8
·- THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE i
UNITED STATES OF AMERICA, )
)
v. )
) Criminal Action No. 08-5 9-GMS _
THOMAS PENDLETON, - ) ` Q
I Defendant. g Q
BILL OF PARTICULARS
. I The United States of America, by and through Colm F. Connolly, United States Attorney
for the District of Delaware, and Ilana H. Eisenstein, Assistant United States Attorney for the -1
District of Delaware, hereby files the following Bill ofPa1ticu1ars.
P
The Indictment charges the defendant, Thomas S. Pendleton, with one count of failure to register
as a sex offender, in violation of 18 U.S.C. § 2250(a). This federal registration requirement is
governed by 18 U.S.C. § 2250(a); 42 U.S.C. §§ 16911 & 16913, and it is independent ofany
particular state law registration requirements. The Government alleges that the defendant H
unlawfully failed to register as required by federal law in the following jurisdictions: Delaware,
Illinois, Maryland, Pennsylvania, and California. . in

The Government alleges that the defendant’s federal duty to register under 18 U.S.C. § 2250(a) _
was triggered by his conviction on or about September 30, 1992, in the state of New Jersey, and -1
his conviction on or about October 16, 2006, in District Court of Kempten, Germany. This
I · federal registration requirement is independent of any state law registration requirement. See 18 in

Case 1 :08-cr—00059-GIVIS Document 23 Filed 07/31 /2008 Page 2701 3 I I I I I I I I I
U.S.C. § 2250(a); 42 U.S.C. §§ 16911 & 16913. I i
The defendant requests that the Govermnent identify the conviction(s) which trigger the 2
defendant’s duty to register for each state listed in Item 1. The Government does not consider
state registration requirements to be relevant to the charged federal offense. At all events, the
following are the state statutes which appear to govern the sex offender registration requirements l q
for the states listed in Item 1:
• Delaware: Del. Code Ann. tit. 11, § 4120-21 (2007) x
• Pennsylvania: 42 Pa. Code § 9791, et seq. (2005)
• Maryland: Md. Code Ann., Crim. Proc. § 11-701, et seq. (2001) (effective `
I through June 1, 2008) G
· Illinois: _730 Ill. Comp. Stat. 150/1, et seq. (West 1996) g I
• Califomia: Cal. Penal Code § 290 (West 2007)
_ l
. I The defendant’s request in Item 3 implies that the episodes of travel are what “trigger" an
obligation to register a11d/or update registration under 18 U.S.C. § 225 0(a). An episode of travel, {
however, does not “trigger" the defendant’s obligation to register as a matter of federal law. At ,_
. all events, the Government alleges that the defendant traveled in interstate and foreign commerce U
on the following occasions:
‘ I · On or about January 21, 2008: the defendant entered the United States in the state of
New York, having been deported from the Federal Republic of Germany.
‘ • On or about January 25, 2008, the defenda.nt traveled from New York to
l Pennsylvania. U . n

I Case-1 :08-cr—00059-GIVIS Document 23 Filed 07/31 /2008 Page 3 of 3
U- On or about February 1, 2008, the defendant traveled from Pennsylvania to
_ Delaware.
· On or about February 4, 2008, the defendant traveled from Delaware to Washington
D.C.
A _ • On or about February 9, 2008, the defendant traveled from Washington D.C. to
. Illinois.
U • On or about February 13, 2008, the defendant traveled from Illinois to California.
" · On or about February 26, 2008, the defendant traveled from California to Illinois.
U U • On or about March 2, 2008, the defendant traveled from Illinois to Washington D.C.
• On or about March 7,2008, the defendant traveled from Washington D.C. to . E
` Pennsylvania. l
• On or about March 10, 2008, the defendant traveled from Pennsylvania to
Delaware.
o· Respectfully submitted, I
COLM F. CONNOLLY n
. United States Attorney
. BY: _
a . rsenstern i
_ Assistant United States Attorney E
Dated: July 31, 2008 I 'L ` ..

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