Clements

dissenting:

This Court has previously held that the Sex Offender Registration and Notification Act (“SORNA”) does not apply to sex of *1030 fenders convicted pre-SORNA unless and until the Attorney General (“AG”) promulgates an administrative rule saying that it does. See United States v. Valverde, 628 F.3d 1159, 1168-69 (9th Cir.2010). We also held that the AG’s attempt to promulgate such a rule (the “Interim Rule”) was void because there was not “good cause” to issue it without first complying with the “notice and comment” requirements of the Administrative Procedure Act (“APA”). See id. Instead, we determined that SORNA did not become effective for pre-SORNA offenders until the AG promulgated a final regulation to that effect. See id.

We are bound by these rulings and I have concurred in the Court’s disposition to that effect. But it now appears that the Supreme Court has granted certiorari in a nearly identical case out of the Third Circuit, see Reynolds v. United States, — U.S.-, 131 S.Ct. 1043 , 178 L.Ed.2d 862 (2011), and the United States has asked us to stay the instant appeal until the Supreme Court has rendered its decision. Because the Supreme Court will definitively…

PER CURIAM Opinion; Dissent by Judge O’SCANNLAIN.

*1029 OPINION

Christopher Matthew Clements appeals his conviction for failing to register as a sex offender. 18 U.S.C. § 2250 . On July 27, 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006. Pub.L. No. 109-248, §§ 1-155, 120 Stat. 587 , 590-611 (2006). Title I of the Adam Walsh Act established the Sex Offender Registration and Notification Act (“SORNA”). 42 U.S.C. §§ 16911 , 16913. SORNA basically requires that sex offenders register their whereabouts within three business days after their release from imprisonment, and keep their registrations current by updating their registrations within three business days of moving to a new residence, gaining new employment, or entering a new school. Id. Failure to register pursuant to SOR-NA, or to keep one’s registration current, is a continuing offense. See United States v. George, 625 F.3d 1124, 1131 (9th Cir. 2010).

The criminal penalties for failing to register pursuant to SORNA in 18 U.S.C. § 2250 (a) do “not apply to sex offenders whose interstate travel occurred prior to SORNA’s effective date.” United States v. Begay, 622 F.3d 1187, 1195 (9th Cir. 2010)…

Shelley Kay-Glenn Clemens, Esq., Assistant U.S. Attorney, Office of the U.S. Attorney, Tucson, AZ, for the plaintiff-appellee.

John D. Kaufmann, Esq., Tucson, AZ, for the defendant-appellant.

Before: DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON, and CARLOS T. BEA, Circuit Judges.

PER CURIAM Opinion; Dissent by Judge O'SCANNLAIN.

PER CURIAM:

Christopher Matthew Clements appeals his conviction for failing to register as a sex offender. 18 U.S.C. § 2250 . On July 27, 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006. Pub.L. No. 109-248, §§ 1-155, 120 Stat. 587 , 590-611 (2006). Title I of the Adam Walsh Act established the Sex Offender Registration and Notification Act ("SORNA"). 42 U.S.C. §§ 16911 , 16913. SORNA basically requires that sex offenders register their whereabouts within three business days after their release from imprisonment, and keep their registrations current by updating their registrations within three business days of moving to a new residence, gaining new employment, or entering a new school. Id. Failure to register pursuant to SORNA, or to keep one's registration current, is a continuing offense. See United States v. George,…