United States v. Gundy, No. 13-3679 (2d Cir. 2015)
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The Government appealed the district court's dismissal of an indictment against defendant and denial of its motion for reconsideration. Defendant was indicted for violation of the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a). The district court held that defendant did not violate section 2250(a) because defendant was not “required to register” until shortly before his release from custody and thus after the interstate travel charged in the Indictment. The court reversed and remanded, concluding that defendant was a person “required to register” under SORNA beginning at the latest on August 1, 2008, the effective date of the Attorney General’s final guidelines. This date arrived well before his alleged travel from Pennsylvania to New York. The district court thus erred in concluding that
defendant became a person “required to register” under SORNA only after traveling interstate.
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