741 F.3d 971
9th Cir.2013Background
- DeJarnette, a federal sex offender, was convicted in the Northern District of California for pre-SORNA offenses.
- He resided in Georgia during the charged period and did not register in California or Georgia as required.
- SORNA's retroactivity applies to pre-Act offenders only when the Attorney General specifies applicability.
- The district court instructed the jury that initial registration in the conviction district was required if different from residence.
- The government obtained a superseding indictment charging failure to register in the Northern District of California between Aug. 2, 2008 and Dec. 27, 2008.
- The district court and jury convicted DeJarnette of failing to register under SORNA, a conviction later reversed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether initial registration in conviction jurisdiction applies to pre-Act offenders | DeJarnette: no retroactive initial registration in conviction district. | United States: AG validly specified initial registration in conviction district. | No; AG has not validly specified. |
| Whether SMART Guidelines bind pre-Act offenders to initial registration | DeJarnette: guidelines do not apply to pre-Act offenders like him. | United States: guidelines govern retroactive classes. | No; guidelines do not apply to DeJarnette's initial registration. |
| Whether jury instruction wrongly imposed initial registration in conviction district | DeJarnette challenged instruction as legally incorrect. | United States: instruction accurate under SORNA framework. | Harmful error; instruction improper. |
| Whether evidence supported a conviction under a correct reading of the law | Insufficient evidence tying residence to California during charged period. | Evidence showed registration obligation under SORNA. | Evidence insufficient; reversal warranted. |
Key Cases Cited
- Reynolds v. United States, 132 S. Ct. 975 (U.S. 2012) (SORNA retroactivity applies only when AG specifies)
- United States v. Valverde, 628 F.3d 1159 (9th Cir. 2010) (retroactivity framework for pre-Act offenders)
- United States v. Begay, 622 F.3d 1187 (9th Cir. 2010) (begins retroactivity analysis; pre-Act offenders)
- United States v. Madera, 528 F.3d 852 (11th Cir. 2008) (AG’s broad delegation under § 16913(d))
- United States v. Guzman, 591 F.3d 83 (2d Cir. 2010) (standing on delegatory authority for pre-SORNA offenders)