DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131261P.pdf 09/10/2014 United States v. Kevin Brewer
U.S. Court of Appeals Case No: 13-1261
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Kelly, Author, with Wollman and Bye, Circuit Judges]
Prisoner case - habeas. The court joins the Third, Fifth, Sixth and Ninth
circuits in holding the Attorney General lacked good cause for waiving the
procedural requirements for rulemaking and thereby violated the
Administrative Procedures Act when he promulgated and made effective the
Interim Rule applying SORNA to offenders convicted before the passage of
the Act without allowing for the required public notice-and-comment period
and minimum 30-day publication period; since defendant was convicted of
violating SORNA under the Interim Rule, his conviction is invalid and must
be vacated.