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: How Appealing

"US court nixes state sex offender's registration"

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"US court nixes state sex offender's registration": The Associated Press provides a report that begins, "A man who sent obscene material to minors over the Internet is not required to register as a sex offender because his particular crime was not on the list in the federal statute mandating registration, a three-judge federal panel ruled Wednesday. In a 2-1 decision, the 11th U.S. Circuit Court of Appeals panel overturned an order by U.S. District Judge Callie V.S. Granade of Mobile, Ala."

At issue in the case is whether, under the Sex Offender Registration and Notification Act (SORNA), a man who transmitted obscene material to persons he believed to be minors thereby engaged in conduct that constitutes a "sex offense against a minor."

Given the composition of yesterday's divided three-judge panel, and the fact that a federal district judge sitting by designation cast the deciding vote, I would not be surprised if the U.S. Court of Appeals for the Eleventh Circuit granted rehearing en banc in the case.

You can access yesterday's Eleventh Circuit ruling at this link.

Full post as published by How Appealing on January 15, 2009 (boomark / email).

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