UNITED STATES v. ESPALIN (2019)

Stephen Espalin appeals his conviction for failure to register and update his registration as a sex offender as required by the Sex Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250(a). He moved to dismiss the indictment, arguing that Congress’s grant of authority to the Attorney General under SORNA violated the nondelegation doctrine. The District Court denied the motion, and Espalin appealed.

We granted Espalin’s motion to hold his appeal in abeyance pending the outcome in Gundy v. United States, 583 U.S. ––––, ––––, 138 S. Ct. 1260, 1261, 200 L.Ed.2d 416 (2018) (mem.) (granting writ of certiorari). In Gundy, the Supreme Court held that Congress’s delegation under 34 U.S.C. § 20913(d) does not violate the nondelegation doctrine. Gundy v. United States, 588 U.S. ––––, ––––, 139 S.Ct. 2116, 2129–2131, 204 L.Ed.2d 522 (2019). Thus, Espalin’s argument fails, and we affirm the judgment of the District Court.¹

AFFIRMED.

FOOTNOTES

1.   Because Gundy squarely forecloses Espalin’s argument, we deny his request to submit supplemental briefing on the Gundy opinion.

PER CURIAM: