US v. DiTomasso, 08-2567, concerned a challenge to a conviction of defendant for failure to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).  In affirming the conviction, the court held that, in framing subsection (d), Congress did not contemplate a statutory scheme in which the application of the general rules outlined in subsections (a), (b), and (c) to previously convicted sex offenders would hinge on action by the Attorney General.  The court also held that the statute has a sufficient nexus to interstate commerce to survive the defendant’s Commerce Clause challenge.  Lastly, because Rhode Island did maintain a sex offender registry at the time of defendant’s federal crime, and because defendant could and should have registered there as local police directed him to do, there was no due process violation.

 

Related Resources:

  • Full text of US v. DiTomasso, 08-2567
  • Full text of Mendez Internet Mgmt. Serv., Inc. v. Banco Santander De Puerto Rico, 09-1874

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