United States v. Thomas Latterell

MEMORANDUM

Thomas John Latterell appeals from the district court’s judgment following his guilty-plea conviction for failure to register as a sexual offender under the Sex Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250 (a). Latterell challenges the district court’s denial of his motion to dismiss the indictment. We review de novo. See United States v. Cabrera-Gutierrez, 756 F.3d 1125, 1128 (9th Cir.2014). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

By letter brief, the government concedes that Latterell’s conviction is infirm because it is predicated on interstate travel that occurred in 2006, and Latterell is a pre-Act offender who was not obligated to register under SORNA until August 1, 2008. See Reynolds v. United States, — U.S.-, 132 S.Ct. 975, 984 , 181 L.Ed.2d 935 (2012) (pre-Act offenders not required to register before the Attorney General validly specifies that the Act’s registration requirements apply to them); United States v. Valverde, 628 F.3d 1159, 1160 (9th Cir.2010) (Attorney General’s retroactivity provision became effective on August 1, 2008). Accordingly, we remand to the district court with…