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Split Seventh Circuit upholds seemingly Carr-questionable SORNA conviction

By Douglas A. Berman

A number of helpful readers have alerted me to a notable split Seventh Circuit opinion today in United States v. Vasquez, 09-2411 (7th Cir. July 1, 2010) (available here), which in the words of one reader "appears on quick glance to thumb its? nose at the Supreme Court?s holding in Carr." The start of a lengthy dissent by Judge Manion provides a window into the dispute: In reading the court?s opinion and the recent Supreme Court case Carr v. United States, this fact cannot be lost: there are seemingly two statutes at issue here.  There is § 2250 as we interpreted it in United States v. Dixon, and as the court continues to interpret it, and then there is § 2250 as the Supreme Court interpreted it in Carr.  That being said, I have two principal disagreements with the court?s opinion...continue to full post

Full post as published by Sentencing Law and Policy on July 01, 2010 (boomark / email).