Monday, March 21, 2011

U.S. v. Fernandes (9th Cir. - March 14, 2011)

You went into a dorm room where an intoxicated co-worker lay on her bed, unbuttoned her blouse, and fondled and kissed her breasts.  You don't have a criminal record.  The district court thought your offense was only worth probation.  It didn't even think you should register as a sex offender, so it didn't order it.

Too bad.  Congress says you have to register.  It's mandatory.  Not a tough case.  Doesn't even need oral argument.