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Keywords

jurisdictionstatuteappealmotionlease

defendantjurisdictionstatutepleamotionleasegrand jury

Related Cases

United States v. Calandra, Not Reported in Fed. Rptr., 2024 WL 3320450

Facts

In 2004, John Calandra was charged with possession of child pornography and sentenced to 30 months in prison followed by 3 years of supervised release, during which he was required to register as a sex offender. Eighteen years later, Calandra filed a pro se motion to remove himself from Florida's sex offender registry, which the district court denied, stating it no longer had the authority to determine his status after his supervised release had ended. After an untimely appeal, the court remanded the case to determine if Calandra could show excusable neglect for the late filing.

In 2004, a grand jury charged John Calandra with possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). Calandra pleaded guilty, and the district court sentenced him to 30 months’ imprisonment and 3 years of supervised release.

Issue

Did the district court have the jurisdiction to grant Calandra's request to be removed from Florida's sex offender registry?

Rule

Federal courts possess only the power authorized by the Constitution and statute, and the burden of establishing jurisdiction lies with the party asserting it.

As “courts of limited jurisdiction,” federal courts “possess only that power authorized by Constitution and statute.”

Analysis

The district court found that Calandra had shown excusable neglect for missing the appeal deadline due to health issues and a misunderstanding of the filing period. However, it concluded that it lacked the jurisdiction to grant the relief Calandra sought, as federal courts cannot order state registries to remove individuals from their lists.

Despite Calandra's excusable neglect for missing the filing deadline, the district court properly determined that it was incapable of granting Calandra his requested relief.

Conclusion

The court affirmed the district court's order, effectively treating the denial of Calandra's motion as a dismissal for lack of subject-matter jurisdiction.

We therefore construe the court's order denying Calandra's motion as a dismissal for lack of subject-matter jurisdiction.

Who won?

The government prevailed in the case because the court affirmed the district court's conclusion that it lacked jurisdiction to grant Calandra's request.

The government prevailed in the case because Calandra did not identify any grant of power by which federal courts may direct states to remove defendants from their sex offender registries.

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