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DOE, SEX OFFENDER REGISTRY BOARD NO. 10304 v. SEX OFFENDER REGISTRY BOARD

No. 05-P-211.

70 Mass. App. Ct. 309 (2007)

JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 10304 v. SEX OFFENDER REGISTRY BOARD.

Appeals Court of Massachusetts, Suffolk.

September 28, 2007.

Attorney(s) appearing for the Case

Edward W. Wayland for the plaintiff.

William A. Looney (Daniel A. Less, Special Assistant Attorney General, with him) for the defendant.

Present: KANTROWITZ, ARMSTRONG, & DOERFER, JJ.

ARMSTRONG, J.

The petitioner appeals from a decision of a Superior Court judge affirming the Sex Offender Registry Board's (board's) classification of him as a level three sex offender. The petitioner's argument is limited solely to the following determination by the judge:

"Upon careful reading, however, it does not appear that the hearing officer found, or assumed, that the 1991 offense was a forcible...

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