United States v. Dailey, No. 18-10134 (9th Cir. 2019)Annotate this Case
The Ninth Circuit dismissed defendant's appeal of the district court's order imposing a probation condition requiring her to register as a sex offender pursuant to the Sex Offender Notification and Registration Act (SORNA). The panel held that the text and structure of SORNA's residual clause make it clear the clause requires the application of a noncategorical approach to determine whether a conviction is for an offense involving "any conduct that by its nature is a sex offense against a minor." In this case, the record supported the district court's determination that defendant committed a "sex offense" as defined by SORNA and thus she was required to register as a sex offender under that law. The panel stated that defendant had adequate notice; the district court did not delegate the Article III judicial power in imposing the sentence; her sentence was legally imposed; and the appellate waiver in her plea agreement was enforceable.