USA v. Nam Hoang, No. 09-30484 (5th Cir. 2011)
Annotate this CaseDefendant petitioned for a panel rehearing in light of United States v. Johnson where the panel addressed whether the Sex Offender Registration and Notification Act ("SORNA") applied to pre-enactment sex offenders at the time of enactment or whether the statute delegated to the Attorney General the decision to apply to SORNA pre-enactment offenders. At issue was whether the court's decision was inconsistent with Johnson when it failed to cite the case in its holding. The court held that to whatever extent SORNA may be characterized as ambiguous, the rule of lenity precluded the court from applying it to defendant and such an alternative holding yielded no inconsistency with Johnson.
This opinion or order relates to an opinion or order originally issued on February 23, 2011.
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