United States v. Joe Reyes, Jr.

ORDER

Joe Reyes, Jr., was convicted and sentenced for failing on January 8, 2008, to register as a sex offender pursuant to the requirements of the Sex Offender Registration and Notification Act (SORNA). See 18 U.S.C. § 2250 ; see also 42 U.S.C. § 16913 . On November 24, 2009, we affirmed his conviction and sentence in a memorandum disposition. Our disposition relied upon our prior opinion in United States v. George, 579 F.3d 962 (9th Cir. 2009), which was amended thereafter by United States v. George, 625 F.3d 1124 (9th Cir.2010).

Reyes filed a petition for rehearing and for rehearing en banc on December 3, 2009, and later filed a motion to dismiss for lack of subject matter jurisdiction. We stayed further action pending final resolution of the issues in George. George has now been vacated and we have ordered that the indictment in that case be dismissed. See United States v. George, 672 F.3d 1126 (9th Cir.2012). As we then explained:

Id. at 1126.

Of course, our disposition in this case can no longer rely upon George. More than that, what we said in George applies equally here because Reyes was also charged with violating SORNA at a time when it did not apply to…