The U.S. Court of Appeals for the Third Circuit affirmed a 36-month prison sentence for Terry Bonner, who pleaded guilty to failing to register as a sex offender under federal law. The appeals court rejected Bonner's challenge that his sentence was substantively unreasonable in a nonprecedential opinion issued Tuesday.
The case stems from Bonner's 2016 conviction in Alabama for sexual abuse in the first degree under Alabama Code Section 13A-6-66, which covers sexual contact by "forcible compulsion" or with an "incapacitated" person. He was sentenced to five years in prison and three years of supervised release, but was released to probation on the same day of sentencing.
Under the federal Sex Offender Registration and Notification Act and Alabama law, that conviction required Bonner to register as a sex offender. SORNA mandates that individuals convicted of certain sex offenses register with law enforcement and maintain current registration information.
Bonner's compliance with registration requirements proved problematic. Between 2016 and 2020, he was convicted three times in Alabama for failure to register as a sex offender. While each of these offenses resulted in substantial sentences of five, fifteen, and fifteen years' imprisonment respectively, court records indicate it remains unclear whether Bonner actually served meaningful time for these violations.
Beyond the registration failures, Bonner accumulated numerous other Alabama convictions during this period, including theft, resisting arrest, escape twice, harassment, distribution of imitation controlled substance, and burglary. The opinion notes that none of these convictions apparently resulted in substantial incarceration either.
The federal case was prosecuted in the U.S. District Court for the Western District of Pennsylvania before Judge W. Scott Hardy under case number 2:23-cr-00236. Bonner pleaded guilty to the federal charge of failure to register as a sex offender, and the district court sentenced him to 36 months in prison followed by five years of supervised release.
On appeal to the Third Circuit, Bonner argued that his sentence was substantively unreasonable. Substantive reasonableness challenges require appellate courts to consider whether a sentence is reasonable given all the circumstances of the case, including the nature and circumstances of the offense, the defendant's history and characteristics, and the sentencing factors outlined in federal law.
The Third Circuit panel, consisting of Circuit Judges Stephanos Bibas, Thomas Porter, and Tamika Montgomery-Reeves, heard the case after it was submitted on January 30, 2026. Judge Porter authored the court's opinion affirming the district court's sentence.
While the full reasoning for the Third Circuit's decision is not detailed in the available excerpt, the court concluded that the 36-month sentence was reasonable under the circumstances. The appeals court's affirmance suggests it found the district court properly considered relevant sentencing factors and that the sentence was appropriate given Bonner's criminal history and the nature of his offense.
The case highlights the serious federal consequences that can result from failing to comply with sex offender registration requirements. SORNA creates federal jurisdiction over registration violations when offenders travel interstate or when there are other federal connections to the case.
Sex offender registration laws have been a subject of ongoing legal challenges, with defendants frequently arguing that sentences for registration violations are disproportionately harsh. However, courts have generally upheld these requirements as serving important public safety purposes.
The Third Circuit's decision was issued as a nonprecedential opinion, meaning it does not create binding precedent for future cases but can be cited for its persuasive value. This reflects the routine nature of many sentencing appeals and the court's determination that the case did not present novel legal issues requiring a precedential ruling.
Bonner's case illustrates the cascading consequences that can flow from an initial sex offense conviction. His 2016 Alabama conviction triggered ongoing registration obligations that, when violated, led to both state and federal prosecutions with increasingly serious penalties.
The five-year supervised release period that will follow Bonner's prison sentence means he will remain under federal court supervision for an extended period after his incarceration ends. During supervised release, defendants must comply with various conditions and can face additional imprisonment if they violate the terms of their supervision.
This case represents another example of federal courts taking sex offender registration violations seriously and imposing substantial sentences even when defendants challenge their reasonableness on appeal. The Third Circuit's affirmance reinforces that courts will generally defer to district court sentencing decisions when they fall within reasonable parameters given the defendant's history and offense conduct.