United States v. Lott, No. 12-5002 (2d Cir. 2014)Annotate this Case
Defendant appealed from his sentence after pleading guilty to failure to register as a sex offender. Defendant argued that the district court should have dismissed the indictment because at the time of defendant's interstate travel, the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250 and 42 U.S.C. 16911, was not applicable to pre-Act offenders such as lot. The court concluded that the Final Rule postdates defendant's travel to Vermont and was therefore not applicable; because the court found that the Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) Guidelines validly extended SORNA's applicability to pre-Act offenders, the court need not decide whether the Interim Rule had the same effect; and defendant's constitutional claims were without merit. The court also concluded that the district court did not commit error by imposing an eight-level sentencing enhancement under U.S.S.G. 2A3.5(b)(1)(C) for commission of a sex offense while in failure-to-register status. Accordingly, the court affirmed the judgment of the district court.