United States Fourth Circuit

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Kennedy v. Allera, 08-8513

District court's denial of petitioner's habeas petition and a motion for an injunction to prohibit the Parole Commission from requiring him to register as a sex offender and challenging the constitutionality of SORNA is affirmed where: 1) the probation officer acted within his discretion in imposing the registration requirement as SORNA lawfully imposes, as a matter of federal law, registration obligations directly on sex offenders, such as defendant; 2) petitioner is not relieved of the duty to register by any restriction in Maryland law or by Maryland's failure to implement SORNA; and 3) petitioner's Tenth Amendment challenge is rejected.

Appellate Information

  • Argued 05/13/2010
  • Submitted 07/15/2010
  • Decided 07/15/2010
  • Published 07/15/2010

Judges

  • <a href="http://pview.findlaw.com/view/2492068_1">NIEMEYER, J.</a>

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/2895406_1">Paresh S. Patel</a>, <a href="http://pview.findlaw.com/view/1122632_1">Larry David Adams</a>