Monday, September 17, 2012

U.S. v. Mattix, No. 12-30012 (09-17-12) (Per curiam with B. Fletcher, Pregerson and Marshall, Sr.DJ Calif Central).
Exactly when did SORNA become retroactive?  In U.S. v. Valverde, 628 F.3d 1159 (9th Cir, 2010), the 9th joined the 6th Circuit in holding that AG's interim rule failed to comply with the APA and thus failed to make SORNA retroactive.  That panel then went on to state that SORNA became retroactive on August 1, 2008, under the SMART Guidelines implementing SORNA.  The defendant here, charged with violating SORNA, argues that the August 1st retroactive date was dicta, and that the 9th only had to find that APA was violated.  This panel reaffirms Valverde, and the date of August 1st.  It states that the Valverde panel faced the issue head on, selected the date, and made it clear.  The panel states that Valverde is binding.


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