No. 14-4934.

814 F.3d 192 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Keith BERRY, Defendant-Appellant. Federal Public Defender Office, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 19, 2016.

Attorney(s) appearing for the Case

ARGUED: Jorgelina E. Araneda , Araneda Law Firm, Raleigh, North Carolina, for Appellant. Phillip Anthony Rubin , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Yvonne V. Watford-McKinney , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. Thomas P. McNamara , Federal Public Defender, Stephen C. Gordon , Assistant Federal Public Defender, Jennifer C. Leisten , Research & Writing Attorney, Office of the Federal Public Defender, Raleigh, North Carolina, for Amicus Curiae.

Vacated and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge WILKINSON and Judge KING joined.

Defendant Brian Keith Berry was convicted of a sex offense in state court and obligated to register under the federal Sex Offender Registration and Notification Act, also known as SORNA. Defendant failed to register as required and pled guilty to violating 18 U.S.C. § 2250(a).

At sentencing, the district court calculated...

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