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Notable Adam Walsh Act ruling from Eleventh Circuit

By Douglas A. Berman

In a (per curiam) ruling discussing (and avoiding) various issues related to the Adam Walsh Act, the Eleventh Circuit today in US v. Madera, No. 07-12176 (11th Cir. May 23, 2008) (available here), reverses one of the first district court rulings concerning the federal crime of "failing to register as a sex offender in violation of 18 U.S.C. § 2250(a) and the Adam Walsh Child Protection and Safety Act of 2006."  As highlighted in these passages, however, the ruling is quite narrow:Because Madera?s indictment concerns his failure to register during the gap period between SORNA?s enactment and the Attorney General?s retroactivity determination, he cannot be prosecuted for violating SORNA during that time. Thus, his indictment is due to be dismissed, and the judgment of the district court is reversed...continue to full post

Full post as published by Sentencing Law and Policy on May 23, 2008 (boomark / email).