United States v. Kenneth Mattix

Kenneth Theodore Mattix appeals his conviction for failure to register as a sex offender in violation of 18 U.S.C. § 2250 (a). We affirm the conviction and clarify that the outcome of this case is controlled by United States v. Valverde, 628 F.3d 1159 (9th Cir.2010).

I.

In 1992 Mattix was convicted of first degree sodomy, first degree attempted rape, first degree sexual abuse, and first degree attempted sexual abuse. Because of these convictions, Mattix was required to register as a sex offender. In 2010, Mattix moved from Oregon to Nevada but failed to either update his Oregon registration or register in Nevada. He was arrested in September 2010 and charged with failing to register as a sex offender under 18 U.S.C. § 2250 (a).

Section 2250(a) is part of the Sex Offender Registration and Notification Act (SORNA), which, among other things, imposes federal criminal penalties on sex offenders who knowingly fail to register or update their registrations. See 18 U.S.C. § 2250 ; 42 U.S.C. § 16913 . Congress enacted SORNA in 2006 but delegated to the Attorney General the authority to determine whether and when SORNA should apply retroactively to sex offenders convicted…