United States v. Joshua Elkins

FILED

NOT FOR PUBLICATION MAY 02 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-30135

Plaintiff - Appellant, D.C. No. 2:10-cr-00133-LRS-

v.

MEMORANDUM*

JOSHUA A. ELKINS,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

Argued and Submitted April 10, 2012 Seattle, Washington

Before: D.W. NELSON, TASHIMA, and CALLAHAN, Circuit Judges.

The Government appeals from the district court’s dismissal of the indictment

charging Joshua Elkins with failing to register as a sex offender pursuant to the Sex

Offender Registration and Notification Act (“SORNA”), 42 U.S.C. § 16901 et. seq.

The district court held that the application of SORNA to Elkins based on his

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Washington juvenile sex offense was punitive and hence violated the ex post facto

clause of the Constitution. We vacate the…