United States Tenth Circuit

A conviction for failing to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is affirmed over claims that: 1) the indictment was constitutionally defective because it sought to prosecute him for behavior that predated SORNA's effective date; 2) the application of SORNA in his circumstances violates the Ex Post Facto Clause; 3) he was denied due process because he had no notice that he was required to register under SORNA; 4) Congress's delegation to the Attorney General in section 16913(d) violated the Nondelegation Doctrine; and 5) SORNA violates the Commerce Clause by punishing activity that does not substantially affect interstate commerce.

Appellate Information

• Decided 12/09/2008
• Published 12/10/2008

Judges

• PAUL J. KELLY, Circuit Judge., Before KELLY, McCONNELL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Christopher Wilson, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, on the brief), Muskogee, OK, for Plaintiff-Appellee., Robert Ridenour, Assistant Federal Public Defender (Julia L. O'Connell, Acting Federal Public Defender and Barry L. Derryberry, Research & Writing Specialist of the Office of the Federal Public Defender, on the brief), Tulsa, OK, for Defendant-Appellant.