It’s a good week for violent crime in the federal circuits – a robbery case from the First Circuit and an assault in Indian country winding up in the Ninth Circuit. And both resulted in a defendant-friendly remand. Go federal appeals courts!
Though I suppose the big news from last’s week’s defense wins in the federal appeals courts is the Third Circuit’s United States v. Reynolds. There, the Third Circuit struck down a conviction for failing to register as a sex offender because the Attorney General’s rule that applied SORNA (the federal statute that federalizes sex offender registry – because Congress thinks there simply cannot be enough federal criminal statutes) wasn’t totally compliant with notice and comment rulemaking, in as much as there wasn’t an opportunity for notice and comment on the rule before it was made.
It’s a great issue – kudos to the Third Circuit for thinking the APA is the law even when it applies to people accused of crimes.