Dismissal of SORNA Indictment Affirmed

In US v. Valverde, No. 09-10063, a prosecution under the Sex Offender Registration and Notification Act, the court affirmed the dismissal of the indictment where the Attorney General’s interim regulation of February 28, 2007 – applying SORNA’s registration requirements retroactively to sex offenders, such as defendant, who were convicted before the statute’s enactment – did not comply with the notice and comment procedures of the Administrative Procedure Act, and did not qualify for the “good cause” exemption under 5 U.S.C. section 553(d)(3).

Related Resources

  • Read the Ninth Circuit’s Decision in US v. Valverde, No. 09-10063

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