Epstein Secrets

Registration and Community Notification: Past, Present, and Future. 34 NE Jon Crim & Civ Con 3, Winter 2008. Interpretive Notes and Decisions: .1. US Supreme Court Alert I. Generally 2. Constitutionality 3. Indictment 5. Miscellaneous .1. US Supreme Court Alert US Supreme Court Case Alert--On September 30, 200

s not valid defense to its violation, defendant's failure to comply with SORNA's registration requirements is beyond that exception. United States v Hester (2009, CA2 NY) 589 F3d 86. Second Circuit agrees with its sister circuits and holds that compliance with Sex Offender Registration and Notification

s that, "while not the equivalent of criminal a post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thorn v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]se

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel

tie, et aL, 09 Cr. 558 (CM) 194 United States v. Drago, No., 18 Cr. 0394 59 United States v. Guerrier, 18 Cr. 284 (JSR) 194 United States v. Hester, No., 19 Cr. 324 141 United States v. Israel, 05 Cr. 1039 (CM) 194 United States v. Reeves, et aL, 16 Cr. 372 (VEC) 194 United States v. Ser

the counts would waste judicial resources by requiring a second trial at 53 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

prove the offenses charted in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.