to panel my client was removed from the federal read from the state of michigan registry in federal court via a federal order went through the process did everything completely proper bow the law we get to a point where to turn the general decides to say in passing dead hey there's a case on the th called paul which says they had to register and he has an independent duty to register of the federal government they have now the way to weight the registry works under sore know is that states compile their own registrations it's a local activity and if somebody estate registry then and only then is dead information for rated to the national database for inclusion so anybody so somebody in california wants to look up somebody michigan they can do that but if michigan california  people who were active elect a country or they're under some kind of federal control order states who are lagging in implementation of serna and these are all people that were in earlier court and it's my client who was on the list for twenty six years mr cases you mentioned i can't find a single circuit that has gone your way every circuit looked at this has been consistent with what we said in all which is that you have an independent obligation under federal law to register  fact the language to thout twenty thousand nine hundred and thirteen says you shall register and that the supreme court has said creates a mandatory obligation so why isn't that sufficient and do you have any circuit that has gone your way on this no i want to have supreme court precedent and i and you have very there's many of those circuits happened after the supreme court cases pointed out my break multiple times the d o j even or smart off it's pinion to say registration is a local activity each and every one of these state jurisdictions determine who is and a registry and thirteen you have to be required if your jurisdiction does not require you to register with them then you're not on there and require the word required is to trigger here are you're required to two so if your information is not on your state registry it's not boarded the federal database which is controlled by the attorney general under one hundred and twenty two it's only a tap elation it's a search engine it's like google it's not where your information to stored your information is stored with your state and if your state doesn't store your information it doesn't doesn't come out to the federal database the federal government you know they they delegate it does to the state registrant and then that case that's the case where we had a guy living in texas convicted under federal law he was in the marines you moved from san antonio to another part of texas or something like that within texas and he was prosecuted and they made a clear distinction that hey there's a difference between a bedroom and a state offender and that's even when we jump into tiptoe and we're talking about if we want to go into justice times is dissent and not what chief justice robert said if we were to apply that you know we're reaching we're reaching the really say that the risk that the federal government has control over disrepute stray ssion what they did is they set it up if one did it and it just controlled by the state if you are to appear at state registry right now my kind has no duty if he does not travel interstate he's not violating any law hypothetically at all and my my thing is if you was taken off our registry and he did his time and i would expect they out you know to make somebody go through the whole process of going through getting off the registry going for to court for a couple years and then saying hey you know what you have to reregister because there's some kind of  federal requirement when the federal government was a party to dislodge suit you know to me that would be it would be income and sanely kuril i just you know me out it would be cruel and unusual punishment and excessive fine like i said he did his time he did his time equally to everybody and you know we're bending the rules here we're bending the rules here for creating something new it doesn't say anywhere anywhere and sort of gets me actually my main argument is there's nowhere if into plain language no we're within a statute and he where does it say there's a federal duty to register nowhere what it says is you are required to register it to find two thousand and twenty alive and finds a jurisdiction yes where you register with your register if your jurisdiction the d o j smart office in which is cited in my brief they said hey everyone we don't we just compile a list information we don't control the registry every jurisdiction so here i have to deal jay i'd like to know what their answer is that they are wired to be allowed to say hey every jurisdiction controls your own registry but you know when it comes to this particular case hey you can't you know and yet they're the fact that the state of michigan controls the registry seems like it's a different issue than a duty of your client to attempt to register as required by federal laws so if the fact that it's under control the state doesn't seem to abolish is duty to attempt to register what's right there there's no mechanism for want there is no mechanism to register if the federal government unless you are charged under a federal statute if you are then your duty is to report yesterday has to register under the state registry pursuant to has federal obligation i mean that's that's the way the statute set up is  i disagree your energy you have a duty to register if your state as was pointed out in cuba do you know somebody twenty churched under if to violate state law federally so unless you violate federal law you are only you did decide not to register there is no way for the federal government to impose sanction alessi travels interstate right that's correct your honor what gives the power to the federal government argument because i'd like to hear the nd but i agree is probably forfeit sure and my nd argument is that many court has considered the issue and they've all concluded that under the necessary and proper c circuit and vasquez several other circuits have all concerned at this issue and again can i have work with a question about that i'm sorry and then i'll be quiet but my other question is what happens if the state lets a state x has no registry how is a person supposed to register that with this is he does he isn't required to register under michigan law everyone in minutes so in effect you're having him do would he not state law doesn't work or to do so it feels like ok i get rid of this but court consider this issue and paul and the score concluded that for now requires sex offenders to register irrespective of what they need the obligated to do under state law and this is consistent with every circuit to have considered the issue well sir not also provides is that affirmative defense that uncontrollable circumstances prevented the individual from comply so it almost anticipates that there could be instances where the state registry won't allow you to to register and that's that's a defense i guess from the from the federal prosecution is exactly correct that's correct  try to register every couple of months and just get turned away once it's clear that michigan if michigan or any other state want to accept his registration so he can't register definitely and we're not saying he's required to do any more and maybe we found some middle ground here my position is my client is a former registrant ok he's not acting so he if he's not in active registrant he does not he have a duty to register if you was active i would agree of that that he has a duty register but we're talking about the origin sent somebody is taken off the list in federal court we're talking about a handful of people you know you go through the process going through your highest state court you go through you're the there's no exception in sort of right so there's not what it says is if he was a sex offender and his conviction hasn't been expunged and since he still qualifies as a sex offender he shouted this or i disagree your honor what we're have to be required to register which is goes into two dollars to thirteen dollars or one hundred and thirteen dollars which just defines whether jurisdiction is and a duty to register and you cannot be guilty of anything unless you're required to register  st and then you got to travel under federal law so you cannot be prosecuted under federal law and my my would hope would make if they can see that unless you travel across interstate lines correct so it rick but they can still require you to register this if the government can't do anything to you unless you cross state lines i just disagree you have to be required to register with the jurisdiction to two go hand in and eleven is not a stand alone provision the whole statute stands together and you know i don't know how much time i have here but paulson and published case and i believe it flies directly in the face of the supreme court cases that i know to that that sex federal state offenders are treated differently if we do if you're going to hear from you that if we disagree with you that applies in the face of that then do you lose i believe you'd be creating i believe those circuits standing conflict a supreme court cases incur nichols reynold antipodal certainly we would be created a circuit split with those four circuits if you agree if the supreme court yes you'd be citing a supreme court in my he's former and i think there's a niche there that we can make the stick ok there's an exception for somebody who want to federal court and got removed if you do that you're good if you don't then yes of course there's a duty but a former registrant no he was