Read US v. DiTomasso, 08-2567

Conviction of defendant for failure to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), is affirmed where: 1) in framing subsection (d), Congress did not contemplate a statutory scheme in which the application of the general rules outlined in subsections (a), (b), and (c) to previously convicted sex offenders would hinge on action by the Attorney General; 2) the statute has a sufficient nexus to interstate commerce to survive the defendant's Commerce Clause challenge; and 3) because Rhode Island did maintain a sex offender registry at the time of defendant's federal crime, and because defendant could and should have registered there as local police directed him to do, there was no due process violation.

Appellate Information

• Decided 09/22/2010
• Published 09/22/2010

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kevin J. Fitzgerald, Milind M. Shah