28 CFR 72.3 - Applicability of the Sex Offender Registration and Notification Act

Cite as28 CFR 72.3
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203 practice notes
  • U.S. v. Vardaro, Cause No. CR-08-04-BLG-RFC.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • September 5, 2008
    ...including sex offenders convicted Page 1185 of the offense for which registration is required prior to the enactment of the Act." 28 C.F.R. § 72.3 SORNA also created a new federal offense for failing to register as a sex offender, with a maximum penalty of ten years imprisonment. 18 U.S.C. ......
  • U.S. v. Benevento, No. 2:07-cr-00136-RCJ-PAL.
    • United States
    • U.S. District Court — District of Nevada
    • April 21, 2009
    ...were convicted. See Applicability of the Sex Offender Registration and Notification Act, 72 Fed.Reg. 8894 (Feb. 28, 2007) (codified at 28 C.F.R. § 72 (2007)). On May 30, 2007, the Department of Justice issued proposed guidelines for interpreting SORNA, ("SMART Guidelines"), 72 Fed.Reg. 30,2......
  • U.S. v. Dean, Case No. 2:08-CR-50-WKW [WO].
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • March 6, 2009
    ...the Act retroactivity applicable to all sex offenders and Dean's compliance does not rest on Alabama's implementation of the Act. See 28 C.F.R. § 72.3; United States v. Benton, 2008 WL 5273971, at *6 (S.D.Ohio Dec. 16, 2008) ("Despite Defendant's argument to the contrary, the Attorney Gener......
  • U.S. v. Hinckley, No. 07-7107.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 9, 2008
    ...sex offenders, including sex offenders convicted of the offense for which registration is required prior to the enactment of that Act." 28 C.F.R. § 72.3. In Madera, the Eleventh Circuit found that this statement supported its conclusion that the Attorney General has the power to determine w......
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198 cases
  • U.S. v. Talada, Criminal Action No. 5:08-cr-00269.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • June 5, 2009
    ...sex offenders, including sex offenders convicted of the offense for which registration is required prior to the enactment of that Act." 28 C.F.R. § 72.3 (emphasis added). Therefore, at the time of Defendant's indictment, sex offenders were required to comply with SORNA even if their convict......
  • U.S. v. Vardaro, Cause No. CR-08-04-BLG-RFC.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • September 5, 2008
    ...including sex offenders convicted Page 1185 of the offense for which registration is required prior to the enactment of the Act." 28 C.F.R. § 72.3 SORNA also created a new federal offense for failing to register as a sex offender, with a maximum penalty of ten years imprisonment. 18 U.S.C. ......
  • U.S. v. Benevento, No. 2:07-cr-00136-RCJ-PAL.
    • United States
    • U.S. District Court — District of Nevada
    • April 21, 2009
    ...were convicted. See Applicability of the Sex Offender Registration and Notification Act, 72 Fed.Reg. 8894 (Feb. 28, 2007) (codified at 28 C.F.R. § 72 (2007)). On May 30, 2007, the Department of Justice issued proposed guidelines for interpreting SORNA, ("SMART Guidelines"), 72 Fed.Reg. 30,2......
  • U.S. v. Dean, Case No. 2:08-CR-50-WKW [WO].
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • March 6, 2009
    ...the Act retroactivity applicable to all sex offenders and Dean's compliance does not rest on Alabama's implementation of the Act. See 28 C.F.R. § 72.3; United States v. Benton, 2008 WL 5273971, at *6 (S.D.Ohio Dec. 16, 2008) ("Despite Defendant's argument to the contrary, the Attorney Gener......
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2 books & journal articles
  • Meet Me in the Middle: The Search for the Appropriate Standard of Review for the APA's Good Cause Exception
    • United States
    • Iowa Law Review Nbr. 103-3, March 2018
    • March 1, 2018
    ...the Sex Offender Registration and Notification Act, 72 Fed. Reg. 8894, 8896–97 (Feb. 28, 2007) (to be codified at 28 C.F.R. pt. 72); see 28 C.F.R. § 72.3 (2017) (the official interim rulemaking by the Attorney General which applies the registration and notification requirements of SORNA ret......
  • Sex, cells, and SORNA: applying sex offender registration laws to sexting cases.
    • United States
    • William and Mary Law Review Vol. 52 Nbr. 5, April 2011
    • April 1, 2011
    ...Id. (quoting Applicability of the Sex Offender Registration and Notification Act, 72 Fed. Reg. 8894, 8896 (Feb. 28, 2007) (codified at 28 C.F.R. 72.3 (2007))); see also Smith v. Doe, 538 U.S. 84 (2003), reh'g denied, 538 U.S. 1009 (2003) (holding SORNA does not violate the Ex Post Facto Cla......

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