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U.S. v. POWERS

No. 08-12764 Non-Argument Calendar.

562 F.3d 1342 (2009)

UNITED STATES of America, Defendant-Appellant, v. Robert D. POWERS, Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 26, 2009.

Attorney(s) appearing for the Case

Susan Hollis Rothstein-Youakim, David Paul Rhodes, Chief, App. Div., Tampa, FL, for U.S.

Donna Lee Elm, Fed. Pub. Def., Orlando, FL, John L. Bedalament, Fed. Pub. Def., Tampa, FL, for Powers.

Before BLACK and MARCUS, Circuit Judges, and QUIST, District Judge.

PER CURIAM:

Defendant Robert D. Powers was indicted for failing to register as required by the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16913, in violation of 18 U.S.C. § 2250(a). Powers moved to dismiss the indictment, and, after hearing argument, the district court declared 18 U.S.C. § 2250 facially unconstitutional, dismissed the indictment, and ordered Powers released. United States v. Powers,

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