II. CASES INTERPRETING THE ADAM WALSH ACT (Cont.)

U.S. v. Templeton, 2007 WL 445481 (W.D.Okla. Feb. 07, 2007) - Motion to dismiss Indictment denied in registration case, as Defendant argued 1) Indictment failed to specify the registration requirements with which he failed to comply; 2) Commerce clause violation; 3) registration requirements were terminated by the State, so no such requirement now federally; and 4) ex post facto argument.

U.S. v. Cromwell, 2006 WL 3329509 (D.D.C. Nov 14, 2006) – District Court sentenced Defendant to a range lower than the U.S.S.G. penalty range for a violation of 18 U.S.C. §2252(a), possessing material constituting child pornography. The U.S.S.G. range was determined to be 121-151 months, and the Court sentenced the Def. to 84 months, citing factors in 18 U.S.C. §3553(a), i.e., first time offender; supportive wife; cooperative; admissions when first confronted; Defendant did not flee, etc.

U.S. v. Crowell, 2006 WL 3541736 (W.D.N.Y. Dec 07, 2006) – Defendant on conditions of release in 2006 pending trial. Court later imposed additional conditions per the Act, i.e., curfew, no contact with minors, home confinement and no contact with victim or victim family, as per the portion of the Act that modifies the Bail Reform Act by imposing these conditions for child pornography cases.

U.S. v. Montoya, 2007 WL 841577 (D.Ariz. Mar 16, 2007) – One sentence notation of how the Adam Walsh Act modifies the Bail Reform Act.

U.S. v. Zehntner, 2007 WL 201106 (N.D.N.Y. Jan 23, 2007)

U.S. v. Bohannon, 476 F.3d 1246, 20 Fla. L. Weekly Fed. C 277 (11th Cir.(Fla.) Feb 01, 2007) – This is all Bohannon has to say about the act: "FN5. We note in passing that Congress has since increased both the statutory minimum, from 5 to 10 years imprisonment, and the statutory maximum, from 30 years to life imprisonment, for Bohannon's offense. See Adam Walsh Child Protection and Safety Act of 2006, Pub.L. No. 109-248, § 203, 120 Stat. 587, 613 (effective July 27, 2006)."

U.S. v. Brand, 467 F.3d 179, 71 Fed. R. Evid. Serv. 672 (2nd Cir.(N.Y.) Oct 19, 2006) (NO. 05-4155 CR), Petition for Certiorari Filed (Mar 27, 2007) – same as Bohannon

(Even More Cases)

III. SEVEN TITLES Adam Walsh Child Protection and Safety Act of 2006

(A.       Title I: Sex Offender Registration and Notification Act...)

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