Ensminger

United States v. Ensminger

Good Law
567 F.3d 587·2009 WL 1532187·2009 U.S. App. LEXIS 11935
United States Court of Appeals for the Ninth CircuitJune 3, 200908-30183California3,913 words

Opinion

Opinion

Tallman, J.

Terry Alan Ensminger pled guilty to a single count of failure to register as a sexual offender in violation of 18 U.S.C. § 2250 (a), the enforcement provision of the Sex Offender Registration and Notification Act. After securing a continuance of the sentencing hearing, he moved to withdraw his guilty plea in order to file a motion to dismiss the indictment. The district court denied his motion and imposed a 21-month sentence. On appeal, Ensminger contends that the district court abused its discretion by denying his motion to withdraw his guilty plea. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

A

On July 27, 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006, Pub.L. No. 109-248, 120 Stat. 587. Title I of the Act codifies the Sex Offender Registration and Notification Act (“SORNA”), establishing a national system for registration “[i]n order to protect the public from sex offenders and offenders against children.” 42 U.S.C. § 16901 . “SORNA is essentially an effort by Congress to close the loopholes in previous sex offender registration legislation and to standardize registration across the states.” United States v. Ditomasso, 552…

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