United States of America v. John Jay Dietrich

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN JAY DIETRICH,
Defendant - Appellant.
No. 09-30138
D.C. No. 6:08-CR-00009-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, Senior District Judge, Presiding
Argued and Submitted October 6, 2010
Seattle, Washington
Before: KOZINSKI, Chief Judge, and THOMAS and M. SMITH, Circuit Judges.
The Supreme Court has held that 18 U.S.C. § 2250(a) “does not apply to sex
offenders whose interstate travel occurred prior to SORNA’s effective date.”
United States v. Begay, 622 F.3d 1187, 1195 (9th Cir. 2010) (citing Carr v. United
States, --- U.S. ----, 130 S. Ct. 2229, 2232–33 (2010)). In United States v.
FILED
JAN 19 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Valverde, --- F.3d ----, 2010 WL 5263142, at *8 (9th Cir. Dec. 27, 2010), we held
that, for persons like Dietrich who were convicted of sex offenses prior to the
statute’s enactment, SORNA’s registration requirements became effective on
August 1, 2008. This date is thirty days after the Attorney General published
guidelines that accorded with the APA’s requirements and announced SORNA’s
retroactive applicability. Id.; see 5 U.S.C. § 553; Office of the Attorney General,
The National Guidelines for Sex Offender Registration and Notification, 73 Fed.
Reg. 38,030, 38,046–47 (July 2, 2008); see also United States v. Utesch, 596 F.3d
302, 311 (6th Cir. 2010).
Dietrich’s interstate movement as an unregistered sex offender concluded in
April 2008, several months before SORNA’s registration requirements applied to
him. We therefore reverse his conviction. Carr, 130 S. Ct. at 2233.
REVERSED AND REMANDED.

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