United States Ninth Circuit

In a prosecution under the Sex Offender Registration and Notification Act, the dismissal of the indictment is affirmed where the Attorney General’s interim regulation of February 28, 2007 -- applying SORNA's registration requirements retroactively to sex offenders, such as defendant, who were convicted before the statute's enactment -- did not comply with the notice and comment procedures of the Administrative Procedure Act, and did not qualify for the "good cause" exemption under 5 U.S.C. section 553(d)(3).

Appellate Information

• Decided 12/27/2010
• Published 12/27/2010

Judges

• Stephen Reinhardt

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Laurel D. White, Rachelle Barbour