United States Eighth Circuit

District court's denial of defendant's motion to dismiss an indictment charging him with failing to register as a sex offender is affirmed where: 1) the registration and penalty provisions of the Sex Offender Registration and Notification Act are valid exercises of Congress' authority under the Commerce Clause; 2) defendant lacks standing to raise a Tenth Amendment challenge to the act; 3) defendant lacks standing to assert that Congress impermissibly delegated to the Attorney General the authority to determine the Act's retroactive effect; and 4) defendant lacks standing to challenge the Attorney General's interim rule on Administrative Procedure Act grounds.

Appellate Information

• Decided 05/13/2009
• Published 05/13/2009

Judges

• BRIGHT, Circuit Judge., Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Karen Marie Shanahan, AFPD, argued and on the brief, Omaha, NE, for appellant.


• For Appellees:
  
• Michael P. Norris, AUSA, argued and on the brief, Omaha, NE, for appellee.