United States Ninth Circuit

In an appeal by the government of the district court's dismissal an indictment charging defendant with traveling in interstate commerce and knowingly failing to register under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. section 16901, in violation of 18 U.S.C. section 2250(a), dismissal is reversed where: 1) applying SORNA to defendant based on his state conviction as a juvenile sex offender is not punitive, and therefore a violation of the Ex Post Facto Clause of the US Constitution; and 2) there is a sufficient basis for a factfinder to determine that defendant knowingly failed to register in violation of section 2250(a).

Appellate Information

• Decided 06/14/2012
• Published 06/14/2012

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel