United States Third Circuit

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US v. Brown, 12-3952

The district court's order dismissing the indictment of defendant for failing to register as a sex offender is vacated and the indictment shall be reinstated, where: 1) 42 U.S.C. section 16911(5)(C) provides that an offense involving consensual sexual conduct is not a sex offense under SORNA as long as the victim "was at least 13 years old and the offender was not more than 4 years older than the victim; 2) the district court erred in concluding that the use in that statute of the phrase "more than 4 years older than the victim" is susceptible to more than one reasonable interpretation; 3) because the phrase is not ambiguous, applying the rule of lenity was not necessary; and 4) defendant was more than 4 years older than his victim at the time of the offense giving rise to his 2003 conviction.

Appellate Information

  • Decided 01/15/2014
  • Published 01/15/2014

Judges

  • JORDAN

Court

  • United States Third Circuit

Counsel

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