United States v. John Dietrich

U.S. Court of Appeals for the Ninth Circuit
United States v. John Dietrich, 409 F. App'x 993 (9th Cir. 2011)

United States v. John Dietrich

Opinion

MEMORANDUM *

*994 The Supreme Court has held that 18 U.S.C. § 2250(a) “does not apply to sex offenders whose interstate travel occurred prior to SORNA’s effective date.” United States v. Begay, 622 F.Bd 1187, 1195 (9th Cir. 2010) (citing Carr v. United States, — U.S. ---, 130 S.Ct. 2229, 2232-33, 176 L.Ed.2d 1152 (2010)). In United States v. Valverde, 628 F.3d 1159, 1167-69 (9th Cir. 2010), we held that, for persons like Dietrich who were convicted of sex offenses prior to the statute’s enactment, SORNA’s registration requirements became effective on August 1, 2008. This date is thirty days after the Attorney General published guidelines that accorded with the APA’s requirements and announced SORNA’s retroactive applicability. Id.; see 5 U.S.C. § 553; Office of the Attorney General, The National Guidelines for Sex Offender Registration and Notification, 73 Fed.Reg. 38,-030, 38,046-47 (July 2, 2008); see also United States v. Utesch, 596 F.3d 302, 311 (6th Cir. 2010).

Dietrich’s interstate movement as an unregistered sex offender concluded in April 2008, several months before SORNA’s registration requirements applied to him. We therefore reverse his conviction. Carr, 130 S.Ct. at 2233.

REVERSED AND REMANDED.

*

This disposition is not appropriate for publication and is not precedent except as provided *994 by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. John Jay DIETRICH, Defendant-Appellant
Status
Unpublished