Monday, December 23, 2013

United States v. DeJarnette, No. 11-10606 (12-20-13) (Tashima with Noonan; dissent by Graber).

The 9th reversed a conviction for failure to register under SORNA and remanded for a judgment of acquittal. This involved a retroactivity interpretation of the AG's regulations. Under the facts, the defendant had a 2001 sex offense. His failure to register as a sex offender in the county where the offense took place, as opposed to where he resided, led to the charge. The 9th held that the retroactive application of SORNA's registration requirements had not specified by the AG to that requirement (county of offense). The jury instruction allowing conviction solely on the basis of failure to register in the county of the offense was erroneous and not harmless. Dissenting, Graber said that the registration requirement covers all sex offenders, including pre-SORNA offenders, and that he was specifically informed of his requirement.


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