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MENDEZ v. SMALL

No. 01-56188.

298 F.3d 1154 (2002)

Avelino MENDEZ, Petitioner-Appellee, v. Larry SMALL, Warden; Attorney General State of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2002.

Attorney(s) appearing for the Case

Vincent L. Rabago (argued), Deputy Attorney General, Lora Fox Martin, Deputy Attorney General for the State of California, San Diego, CA, for the appellant.

Michael J. Brennan, Post-conviction Justice Project, University of Southern California Law School, Los Angeles, CA, for the appellee.

Before: ALARCÓN, SILVERMAN and RAWLINSON, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge.

The California Court of Appeal held that the change-of-address requirement of California's sex offender registration statute is not satisfied when a sex offender, solely in the course of being booked into jail, provides his current address to the jailers for a fingerprint card and booking slip, without any indication that it is a new address. The Court of Appeal held that a reasonable person would know that...

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