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United States Ninth Circuit


The American Civil Liberties Union of Nevada v. Masto, 08-17471

In a challenge to the retroactive application of two Nevada statutes imposing various requirements on individuals convicted of sexual offenses: 1) the district court's issuance of a permanent injunction against their retroactive application is reversed with respect to a statute expanding the scope of sex offender registration and notification requirements, as it did not violate the Ex Post Facto Clause or the Contract Clause of the United States Constitution, the Double Jeopardy Clause of the Fifth Amendment, or the Due Process Clause of the Fourteenth Amendment; and 2) the appeal is dismissed with respect to a statute imposing residency and movement restrictions on certain sex offenders, where the Ninth Circuit's consideration of its disputed provisions was mooted by the State of Nevada’s authoritative judicial admission that it would not retroactively impose the restrictions.

Appellate Information

  • Decided 02/10/2012
  • Published 02/10/2012

Judges

  • Trott

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Margaret A. McLetchie, Binu G. Palal

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