United States v. Clements, No. 09-10034 (9th Cir. 2011)
Annotate this CaseDefendant appealed his conviction for failing to register as a sex offender and challenged the legality of the Attorney General's interim regulation for failure to comply with the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq. In United States v. Valverde, the court held that for persons such as defendant, who were convicted of sex offenses prior to the Sex Offender Registration and Notification Act's (SORNA), 42 U.S.C. 16911, 16913, enactment, SORNA's registration requirements did not become effective until August 1, 2008, because the Attorney General's interim regulation did not comply with the APA. Accordingly, the court reversed and remanded this case for dismissal of the indictment.
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