United States Attorney Brendan V. Johnson announced that David Flute III, age 23, of Sioux Falls, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 2013, and pled guilty to Failure to Register as a Sex Offender. This was Flute’s second conviction for failure to register.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; at least 5 years of supervised release, with a violation of a condition of release possibly resulting in 2 years of additional incarceration on any such revocation; a mandatory $100 special assessment to the Federal Crime Victims Fund; and restitution may also be ordered. If Flute commits a new felony violation of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity and related crimes, kidnapping or sex trafficking of children by force, fraud or coercion while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation.
Flute was previously convicted of Aggravated Sexual Abuse of a Child, which required him to register as a sex offender for life in the State of South Dakota.
On November 18, 2011, Flute was convicted of Failure to Register as a Sex Offender in U.S. District Court, District of South Dakota. Following his release from custody, he signed registration documents and updated his registration, as required by law. On April 10, 2013, Flute was terminated from his apartment and moved to another location. Between April 13, 2013 and May 17, 2013, Flute, did knowingly fail to register and update his registration as required by law, leading to his second conviction.
The investigation was being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 9, 2013.