United States Seventh Circuit

In appeals brought by two defendants convicted of violating the Sex Offender Registration and Notification Act (SORNA), the convictions are affirmed as to one defendant, but reversed as to the other primarily where: 1) all the conduct for which one defendant was punished, not merely the sex crimes and the travel and the change of residence, occurred before SORNA was made applicable to him by regulation; 2) thus, his conviction for failing to register violated the Constitution's ex post facto clause; but 3) since other defendant's violation was not complete when SORNA became applicable to him, his rights under the ex post facto clause were not violated.

Appellate Information

• Argued 10/24/2008
• Decided 12/22/2008
• Published 12/22/2008

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• John M. Maciejczyk, Attorney, Office of The United States Attorney, South Bend, IN, for Plaintiff-Appellee in No. 08-1438., Bryan M. Truitt, Attorney, Tsoutsouris & Bertig, Valparaiso, IN, for Defendant-Appellant in No. 08-1438., Lesley J. Miller Lowery, Office of the U.S. Atty., Fort Wayne, IN, for Plaintiff-Appellee in No. 08-5311., Stanley L. Campbell, Swanson & Campbell, Fort Wayne, IN, for Defendant-Appellant in No. 08-5311.