United States v. George, No. 08–30339.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation672 F.3d 1126,12 Cal. Daily Op. Serv. 2765,2012 Daily Journal D.A.R. 3111
Decision Date07 March 2012
PartiesUNITED STATES of America, Plaintiff–Appellee, v. Phillip Williams GEORGE, Defendant–Appellant.
Docket NumberNo. 08–30339.

12 Cal. Daily Op. Serv. 2765
2012 Daily Journal D.A.R. 3111
672 F.3d 1126

UNITED STATES of America, Plaintiff–Appellee,
v.
Phillip Williams GEORGE, Defendant–Appellant.

No. 08–30339.

United States Court of Appeals, Ninth Circuit.

March 7, 2012.


Alexander C. Ekstrom, Assistant U.S., USYA—Office of the U.S. Attorney, Yakima, WA, for Plaintiff–Appellee.

Rebecca Louise Pennell, Esquire, Assistant Federal Public Defender, FDWAID—Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant–Appellant.

D.C. No. 2:07–CR–02119–WFN–1, Eastern District of Washington, Spokane.Before: WILLIAM C. CANBY, JR., JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.
ORDER

Phillip Williams George was charged with, and convicted of, failing on September 27, 2007 to register as required under the Sex Offender Registration and Notification Act, 18 U.S.C. § 2250 (“SORNA”). The grand jury charged that George had been convicted in 2003 of sexual abuse of a minor on an Indian Reservation in violation of 18 U.S.C. §§ 2243(A) and 1153, and had subsequently traveled in interstate commerce and failed to register as required by SORNA. We affirmed his conviction. United States v. George, 625 F.3d 1124 (9th Cir.2010).

Thereafter, George filed a petition for rehearing en banc and a motion to dismiss the indictment. The motion to dismiss was based on our opinion in United States v. Valverde, 628 F.3d 1159 (9th Cir.2010), in which we held that the Attorney General's February 28, 2007 interim rule applying SORNA to sex offenders who were convicted before SORNA's enactment was invalid and that SORNA did not become applicable to such individuals until August 1, 2008. Id. at 1160. The motion to dismiss was held in abeyance pending the Government's petition for a writ of certiorari from Valverde.

The Supreme Court has now denied the Government's petition from Valverde. Accordingly, as George was charged with violating SORNA on September 27, 2007, at a time when we have determined SORNA was not applicable to persons such as George, his motion to dismiss must be granted.

We hereby grant the motion to dismiss, vacate our prior opinion, and remand this matter to the district court with directions to dismiss the indictment against George. This action renders the petition for rehearing en banc moot.

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17 practice notes
  • United States v. Cabrera-Gutierrez, No. 12–30233.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 17 Marzo 2014
    ...The district court denied the motion, noting that although United States v. George, 625 F.3d 1124 (9th Cir.2010), had been vacated, 672 F.3d 1126 (9th Cir.2012), “the Court finds the reasoning in George persuasive and notes that the opinion was vacated on different grounds.” Thereafter, Cab......
  • United States v. Kebodeaux, No. 08–51185.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 6 Julio 2012
    ...because that would require disagreeing with United States v. George, 625 F.3d 1124, 1130 (9th Cir.2010), vacated on other grounds,672 F.3d 1126 (9th Cir.2012). That case, however, is easily distinguishable. Because the defendant in George was convicted in 2008, compliance with SORNA was an ......
  • United States v. Elkins, No. 11–30135.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 14 Junio 2012
    ...failure to register is a continuing offense. We subsequently vacated our opinion in George on other grounds. United States v. George, 672 F.3d 1126 (9th Cir.2012). However, in United States v. Clements, 655 F.3d 1028, 1029 (9th Cir.2011), we reiterated that “[f]ailure to register pursuant t......
  • AKM LLC v. Sec'y of Labor, Dep't of Lobor, No. 11–1106.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 6 Abril 2012
    ...status,” 42 U.S.C. § 16913(c), creates a “continuing offense” for purposes of the Ex Post Facto Clause), vacated on other grounds, 672 F.3d 1126 (9th Cir.2012). 3. For this reason, the Commission's comparison between an inaccurate entry on an OSHA 300 log and the existence of a condition th......
  • Request a trial to view additional results
17 cases
  • United States v. Cabrera-Gutierrez, No. 12–30233.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 17 Marzo 2014
    ...The district court denied the motion, noting that although United States v. George, 625 F.3d 1124 (9th Cir.2010), had been vacated, 672 F.3d 1126 (9th Cir.2012), “the Court finds the reasoning in George persuasive and notes that the opinion was vacated on different grounds.” Thereafter, Cab......
  • United States v. Kebodeaux, No. 08–51185.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 6 Julio 2012
    ...because that would require disagreeing with United States v. George, 625 F.3d 1124, 1130 (9th Cir.2010), vacated on other grounds,672 F.3d 1126 (9th Cir.2012). That case, however, is easily distinguishable. Because the defendant in George was convicted in 2008, compliance with SORNA was an ......
  • United States v. Elkins, No. 11–30135.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 14 Junio 2012
    ...failure to register is a continuing offense. We subsequently vacated our opinion in George on other grounds. United States v. George, 672 F.3d 1126 (9th Cir.2012). However, in United States v. Clements, 655 F.3d 1028, 1029 (9th Cir.2011), we reiterated that “[f]ailure to register pursuant t......
  • AKM LLC v. Sec'y of Labor, Dep't of Lobor, No. 11–1106.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 6 Abril 2012
    ...status,” 42 U.S.C. § 16913(c), creates a “continuing offense” for purposes of the Ex Post Facto Clause), vacated on other grounds, 672 F.3d 1126 (9th Cir.2012). 3. For this reason, the Commission's comparison between an inaccurate entry on an OSHA 300 log and the existence of a condition th......
  • Request a trial to view additional results

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