Thursday, September 26, 2013

Maciel v. Cate, No. 11-56620 (9-25-13) (Nguyen with Benavides and Bybee).

The 9th examines whether an imposition of a sex offender registration requirement was in violation of Wampler, an old Supreme Court case that limits additional discretionary punishment; it is the judgment that controls. The sentencing judge in this case imposed a sentence, but did not impose any registration requirement. Nonetheless, here though, under AEDPA, the 9th holds that registration could be found to be imposed by law and not discretionary.


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