5-23-2008 National:
Again, under specific circumstances, the Adam Walsh Act is unconstitutional in the case of US -v- Madera.
This is a case I followed from its inception and was shocked that the district court did not declare AWA a ex post facto violation under Calder v Bull "1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action."
However, today the 11th circuit took care of the case dismissing charges against Madera. see the 11th Circuit opinion:
Because Madera’s indictment concerns his failure to register during the gap period between SORNA’s enactment and the Attorney General’s retroactivity determination, he cannot be prosecuted for violating SORNA during that time. Thus, his indictment is due to be dismissed, and the judgment of the district court is reversed.
Having decided the case on this basis, we need not reach the important constitutional questions raised in Madera’s appeal.
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