United States Sixth Circuit
US v. Utesch, 08-5828
District court's denial of defendant's motion to dismiss his indictment for violating the Adam Walsh Sex Offender Registration and Notification Act of 2006 (SORNA) and imposition of a three months' imprisonment and ten years' supervised release is reversed and vacated where: 1) an interim regulation did not make SORNA effective against defendant or any other defendants convicted before SORNA's enactment; 2) the interim regulation's procedural deficiencies were not harmless; and 3) the final SMART guidelines had not become effective by the time of defendant's indictment.
Appellate Information
- Decided 03/02/2010
- Published 03/02/2010
Judges
Court
- United States Sixth Circuit