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Sullivan v. United States

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Argued February 16, 2010

Before RUIZ, GLICKMAN and THOMPSON, Associate Judges.

On March 27, 2009, the Superior Court convicted appellant, John Sullivan, of failure to register as a sex offender, in violation of the District of Columbia Sex Offender Registration Act of 1999 (“SORA” or “the Act”). See D.C. Code §§ 22-4014, 22-4015 (2001).*fn1 Appellant challenges his conviction on the ground that he was not required to register under SORA because, prior to the statute’s enactment, he was released from custody in connection with the sex offense of which he was convicted, and because his post-SORA conviction of driving without a license is not the type of offense that could bring him within the reach of the Act. The government argues that appellant waived this argument by stipulating at trial that he is required to register under SORA and by failing to seek judicial review of his sex-offender designation within the time described in section 5 of SORA (D.C. Code § 22-4004). As to the merits of appellant’s claim, the government contends that appellant’s post-SORA conviction of driving without a permit did render him subject to the SORA registration requirements. We are unpersuaded by the government’s waiver arguments, but we agree that appellant’s post-SORA conviction brought him within the reach of the Act, and we therefore affirm the judgment of conviction.

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