Sex Offender Registration and Notification conviction vacated

CRIMINAL LAW & PROCEDURE, SENTENCING
U.S. v. Sanchez, No. 07-30578
Where, at the time of sentencing there is no guideline in effect for the particular offense of conviction, and the Sentencing Commission has promulgated a proposed guideline applicable to the offense of conviction, the district court's failure to consider the proposed guideline when sentencing the defendant may result in reversible plain error. The imposition of a 60-month sentence for defendant's failure to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is vacated and remanded where: 1) the court's failure to consider proposed guidelines that existed at the time before sentencing constituted plain error; and 2) defendant's right were affected since he could show that but for the misapplication of the Guidelines he could have received a lesser sentence. Read more...