By: Daily Record Staff//May 1, 2014
By: Daily Record Staff//May 1, 2014//
U.S. Court of Appeals for the Second Circuit
Sex Offender Registration and Notification Act
United States v. Lott
Judges Walker, Cabranes and Parker
Background: The defendant appealed from a 64-month sentence imposed following his guilty plea for failure to register as a sex offender. He argues that the indictment should have been dismissed because at the time of the defendant’s interstate travel, the Sex Offender Registration and Notification Act is not applicable to pre-act offenders.
Ruling: The Second Circuit affirmed. The court noted that SORNA does not specify whether the Act has retroactive applicability. However, it does authorize the attorney general to specify the applicability of registration requirements to sex offenders convicted before the enactment of SORNA.
David L. McColgin of the Federal Public Defender’s Office for the defendant-appellant; Michael Drescher, assistant United States attorney, for the appellee