July 1, 2010

Split Seventh Circuit upholds seemingly Carr-questionable SORNA conviction

7-1-2010 7th Circuit:

From Sentencing, Law & Policy:

A number of helpful readers have alerted me to a notable split Seventh Circuit opinion today in United States v. Vasquez, 09-2411 (7th Cir. July 1, 2010) (available here), which in the words of one reader "appears on quick glance to thumb its’ nose at the Supreme Court’s holding in Carr." The start of a lengthy dissent by Judge Manion provides a window into the dispute:

In reading the court’s opinion and the recent Supreme Court case Carr v. United States, this fact cannot be lost: there are seemingly two statutes at issue here. There is § 2250 as we interpreted it in United States v. Dixon, and as the court continues to interpret it, and then there is § 2250 as the Supreme Court interpreted it in Carr. That being said, I have two principal disagreements with the court’s opinion. The first is that it gives Carr too limited a reading; the second is that its interpretation of § 2250 renders the statute constitutionally defective.

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