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US v. Valverde, No. 09-10063

By FindLaw Staff on December 29, 2010 3:26 PM

Dismissal of SORNA Indictment Affirmed

In US v. Valverde, No. 09-10063, a prosecution under the Sex Offender Registration and Notification Act, the court affirmed the dismissal of the indictment where the Attorney General's interim regulation of February 28, 2007 -- applying SORNA's registration requirements retroactively to sex offenders, such as defendant, who were convicted before the statute's enactment -- did not comply with the notice and comment procedures of the Administrative Procedure Act, and did not qualify for the "good cause" exemption under 5 U.S.C. section 553(d)(3).

  • As the court wrote:  "The Government appeals a decision of the district court dismissing the indictment of Mark Anthony Valverde ("Valverde") under the Sex Offender Registration and Notification Act ("SORNA"), 42 U.S.C. § 16901 et seq., on the ground that the registration and penalty provisions of the statute under which Valverde was charged, 42 U.S.C. § 16913; 18 U.S.C. § 2250(a)(2)(B), are invalid exercises of congressional power under the Commerce Clause. U.S. Const. art. I, § 8, cl. 3."

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