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US v. Curry, No. 09-3031

By FindLaw Staff on December 06, 2010 5:39 PM

Sex Offender Registration and Notification Act Conviction Affirmed

In US v. Curry, No. 09-3031, the court affirmed defendant's conviction for failing to register as a sex offender, as required by the Sex Offender Registration and Notification Act (SORNA), where defendant's arguments were foreclosed by the court's precedents, which held that Congress had authority under the Commerce Clause and the Necessary and Proper Clause to enact SORNA. However, defendant's sentence is vacated where the district court failed to comply with the rule that an inquiry about special conditions must take place on an individualized basis.

As the court wrote:  "Jonathon Curry appeals his conviction under 18 U.S.C. § 2250, for failing to register as a sex offender, as required by the Sex Offender Registration and Notification Act ("SORNA"), 42 U.S.C. §§ 16901-16991.  He also appeals certain special conditions of supervised release imposed by the district court.  We affirm the conviction, vacate some of the special conditions, and remand for resentencing."

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