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Thursday, July 01, 2010

Ind. Decisions - No Indiana cases, but post-Carr SORNA decision today

The opinion is in United States v. Vasquez. It is a 30-page opinion with a dissent by Judge Manion beginning on p. 12. The dissent begins:

In reading the court’s opinion and the recent Supreme Court case Carr v. United States, this fact cannot be lost: there are seemingly two statutes at issue here. There is § 2250 as we interpreted it in United States v. Dixon, and as the court continues to interpret it, and then there is § 2250 as the Supreme Court interpreted it in Carr. That being said, I have two principal disagreements with the court’s opinion. The first is that it gives Carr too limited a reading; the second is that its interpretation of § 2250 renders the statute constitutionally defective.
Check also this post from Sentencing Law & Policy blog.

Posted by Marcia Oddi on July 1, 2010 11:23 AM
Posted to Ind. (7th Cir.) Decisions