U.S. v. Walker

Record failed to support defendant’s conviction on failure to register as sex offender under SORNA for years 2016 and 2017, arising out of defendant’s 1998 Colorado conviction, where said conviction for sexually assaulting 4 and 6-year old victims qualified as only Tier I offense that required defendant to register for only 15 years. While govt. argued that Colorado conviction was either Tier II or Tier III offense that required defendant to register due to young ages of victims, defendant’s Colorado conviction was not categorical match with “abusive sexual contact” as described in section 2244 of title 18. As such, defendant’s Colorado conviction did not qualify for Tier II or Tier III status, regardless of victims’ ages.