United States v. Icker

As a police officer, the defendant used his badge to harass, grope, and force oral sex on several women. He pleaded guilty to depriving individuals of their civil rights under color of law. At sentencing, the District Court judge ordered him to comply with the requirements of SORNA, even though the crimes to which the defendant pleaded were not “sex offenses”. The Third Circuit reversed and remanded. First, the Third Circuit ruled that it would not enforce the appellate waiver in the plea agreement. The defendant was not convicted of any sex offenses, and because the record showed he was not given notice of any potential SORNA registration requirements, he did not enter into the appellate waiver knowingly and voluntarily. As to the merits, the Third Circuit held that the District Court plainly erred by mandating that the defendant complies with SORNA requirements. Because SORNA does not extend to offenses that are not “sex offenses”, the defendant could not be subject to SORNA’s terms.

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