United States First Circuit

Sentence and conviction for knowingly failing to register as a sex offender as required by the Sex Offender Notice and Registration Act (SONRA) is affirmed in part and reversed in part where: 1) as o conviction, the Denial Order properly used the "circumstance-specific approach" (aka the "noncategorical approach") in deciding that defendant was subject to SONRA's registration requirement; and 2) as to sentence, the court erred in ruling that defendant's prior state conviction for the common law offense of assault and battery of a high and aggravated nature (ABHAN) was for a sex offense under Guidelines section 5D1.2(b)(2).

Appellate Information

• Decided 02/03/2015
• Published 02/03/2015

Judges

• King

Court

• United States First Circuit

Counsel