United States Sixth Circuit

Conviction of a defendant for failing to update his sex offender registration and for traveling interstate is reversed and remanded with instructions to dismiss the indictment where: 1) the Sexual Offenders Registration and Notification Act (SORNA) explicitly required the Attorney General to specify the applicability of the Act to persons convicted prior to the effective date of SORNA; and 2) the Attorney General did not promulgate a regulation making that determination in compliance with the notice and comment and publication requirements of the Administrative Procedure Act within the time period charged in defendant's indictment.

Appellate Information

• Decided 10/13/2009
• Published 10/13/2009

Judges

• Before:  GUY, ROGERS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Amy B. Cleary, Federal Public Defender's Office, Cleveland, OH, for Appellant.  Michael A. Sullivan, Assistant United States Attorney, Cleveland, OH, for Appellee.   ON BRIEF:  Amy B. Cleary, Federal Public Defender's Office, Cleveland, OH, Debra K. Migdal, Federal Public Defender's Office, Akron, OH, for Appellant.  Michael A. Sullivan, Assistant United States Attorney, Cleveland, OH, for Appellee.