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U.S. v. Diaz

Curfew, Monitoring Terminated; Not Least Restrictive Way to Assure Appearance at Trial

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MEMORANDUM OPINION AND ORDER Defendant Salvador Diaz is charged with failure to register as a convicted sex offender, in violation of the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. §2250. See Compl., Dkt. 1; Indictment, Dkt. 12. As required by a provision in the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”), 18 U.S.C. §3142(c)(1)(B), Diaz is currently subject to a curfew and electronic monitoring as conditions of his pretrial release. See Order (Sept. 12, 2017), Dkt. 45. Diaz, appearing pro se, challenges these conditions on the ground that the applicable provision in the Adam Walsh Act is unconstitutional. See Def.’s Mem. of Law (Mar. 2, 2018), Dkt. 61, at 11. For the following reasons, Diaz’s motion is GRANTED. Diaz’s curfew and electronic monitoring conditions are TERMINATED. All other conditions of pretrial release remain in effect.BACKGROUNDThe Court assumes familiarity with the facts of this case. See Mem. Op. and Order (July 13, 2018), Dkt. 71, available at 2018 WL 3418781. In brief, Diaz was convicted at court-martial in 2000 of rape and indecent acts, requiring him to register as a sex offender under state and federal law. See id. at 2; Compl.

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