United States v. Torres, No. 09-50204 (5th Cir. 2014)Annotate this Case
Defendant was convicted under the Uniform Code of Military Justice for violating Article 120, sodomy of a child under 12 years old, and Article 134, indecency with a child under 16 years old. At issue was whether the Attorney General's "interim rule" of February 28, 2007, which required pre-enactment sex offenders to comply with the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16911 et seq., was a "valid" promulgation. The court answered in the affirmative and concluded that United States v. Johnson was controlling. Johnson compelled the court to conclude that SORNA became effective as to defendant on February 28, 2007, the date that the Attorney General issued his interim rules specifying SORNA's applicability to pre-enactment sex offenders, and defendant's failure to update his registration continued until after that date. Accordingly, the court affirmed the district court's judgment finding him guilty of failing to update his registration under 18 U.S.C. 2250(a).