Nault-Hart v. United States of America

Filing 8

ORDER granting re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by James Nault-Hart., TERMINATING Supervised Release, and JUDGMENT entered in favor of James Nault-Hart against United States of America. Signed by Chief Judge Roberto A. Lange on 08/01/2022. Mailed to Plaintiff via USPS.(VMM)

Case 3:22-cv-03012-RAL Document 8 Filed 08/01/22 Page 1 of 2 PageID #: 140

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION

JAMES NAULT-HART,

3:22-CV-03012-RAL
3:16-CR-30181-RAL

Plaintiff,

vs.

UNITED STATES OF AMERICA,

JUDGMENT AND GRANT OF MOTION
TO VACATE CONVICTION AND
ENTERING JUDGMENT TO TERMINATE
FEDERAL SUPERVISED RELEASE

Defendant.

The Sex Offender Registration and Notification Act(SORNA)requires people who have
been convicted of certain "sex offenses" to periodically register in the jurisdiction where they

reside. 34 U.S.C. §§ 20911(1), 20913-20914. Federal law makes it a crime for a person who "is
required to register under [SORNA]" and enters or resides in Indian country to "knowingly" fail
to register as a sex offender or update certain information. 18 U.S.C. § 2250. In 2017, Petitioner
James Nault-Hart pleaded guilty in this Court to violating § 2250 by failing to register as a sex
offender. United States v. Nault-Hart, 16-cr-30181-RAL. Nault-Hart agreed in the factual basis

statement that a conviction in Wisconsin state court required him to register as a sex offender under
federal law. 16-cr-30181-RAL, Doc. 26.

In June 2022, Nault-Hart filed a petition under 28 U.S.C. § 2255 seeking to vacate his
federal conviction for failing to register as a sex offender. Doc. 1. He argues that his Wisconsin
conviction does not qualify as a "sex offense" under SORNA, see 34 U.S.C. § 20911(5)(c), and
that he therefore was not required to register as a sex offender under federal law. Doc. 1-1. Nault-

Case 3:22-cv-03012-RAL Document 8 Filed 08/01/22 Page 2 of 2 PageID #: 141

Hart argues that his conviction violates the Constitution because his attorney provided ineffective
assistance by failing to investigate his case and recognize that he was not required to register as a
sex offender. The United States filed a response stating that it waives any statute of limitations

and procedural default defenses and that it agrees that Nault-Hart's attorney provided ineffective
assistance such that his federal conviction should be vacated. Doc. 7. For good cause, it is
ORDERED,ADJUDGED,AND DECREED that Nault-Hart's Motion Under 28 U.S.C. §
2255 to Vacate, Set Aside, or Correct Sentence, Doc. 1, is granted, and that Judgment in 22-cv3012-RAL hereby enters for Nault-Hart. It is further

ORDERED,ADJUDGED, AND DECREED that judgment of dismissal enters for NaultHart in 16-cr-30181-RAL,that the conviction and sentence for failure to register as a sex offender
is vacated, and that Nault-Hart's federal supervised release is therefore terminated immediately.
DATED this

day of August, 2022.
BY THE COURT:

ROBERTO A. LANGE
CHIEF JUDGE