United States Eleventh Circuit

In proceedings arising after defendant was convicted of transferring obscene material to a minor, a ruling requiring him to register as a Tier I Sex Offender under the Sex Offender Registration and Notification Act (SORNA) is reversed where: 1) although defendant transmitted obscene material to persons he believed to be minors, he did not engage in conduct that constitutes a "sex offense against a minor"; and 2) the court was unable to distinguish his behavior from other behavior, involving distributing obscene material, that would support a conviction under 18 U.S.C. section 1470, but would not require him to register as a sex offender.

Appellate Information

• Decided 01/14/2009
• Published 01/14/2009

Judges

• PER CURIAM:, Before BARKETT and WILSON, Circuit Judges, and POGUE, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kristen Gartman Rogers, Peter J. Madden, Carlos Alfredo Williams, Fed. Pub. Defenders, Mobile, AL, for Dodge., Deidre L. Colson, Richard H. Loftin, Asst. U.S. Atty., Mobile, AL, for U.S.