Sunday, August 14, 2011

USA v. Juvenile Male, 131 S.Ct. 2860 (2011)

Reversed again by the Supreme Court, here is the 9th Circuit language on remand: In light of the Supreme Court's decision in U.S. v. Juvenile Male, dated June 27, 2011 this appeal is DISMISSED (Caps. in original) as moot;" 2011 WL 3437508 (C.A. 9).
The 9th Circuit does not give the cite for the Supreme Court case (131 S.Ct. 2860) nor the cite for its own case; 590 F.3d 924 (9th Cir. 2010).  Here is the Supreme Court comment: "The Court of Appeals in this case held that the requirements of the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C.  16901 violate the Ex Post Facto Clause of the Constitution, Art. I, sec. 9 when applied to juveniles adjudicated as delinquent before SORNA's enactment. We conclude that the Court of Appeals had no authority to enter that judgment because it had no live controversy before it."
The Supreme Court reversed this case without rendering any decision on the underlying case decided by he (the Circuit.  In other words, the Supreme Court did not want the 9th Circuit to stand as precedent.

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