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Amicus Curiae Brief in Carr v. United States

December 14, 2009

sexcrimes.typepad.com : Amicus Curiae Brief in Carr v. United States.

The petitioner’s brief primarily focused on the statutory interpretation issues in the case. The brief filed partly by our friend, Corey Rayburn Yung at SexCrimes.typepad.com , was solely concerned with the Ex Post Facto Clause claim. You can find the brief here.

Facts of the Case:
An Indiana federal district court convicted Thomas Carr of violating the Sex Offender and Registration and Notification Act. The Act imposes penalties on anyone who is a convicted sex offender, and traveling in interstate or foreign commerce, knowingly fails to register as a sex offender, unless he proves that “uncontrollable circumstances” prevented him from doing so. On appeal, Carr argued that he did not violate the act because he traveled before the Act was passed. The Seventh Circuit held that the Act does not require that the defendant’s travel postdate its enactment, and, consequently, affirmed the district court.

Questions:
1) Can a person be prosecuted under the Sex Offender and Registration and Notification Act when the defendant’s offense and interstate travel both predate the Act’s enactment?

2) Does the ex post fact clause preclude prosecution under the Sex Offender and Registration and Notification Act when the defendant’s offense and interstate travel both predate the Act’s enactment?

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