In the government's appeal from a dismissal of defendants' indictments for failing to register as sex offenders under the Sex Offender Registration and Notification Act (SORNA), dismissal of the indictments is reversed where: 1) SORNA's registration requirement did not violate the Commerce Clause because requiring sex offenders to update their registrations due to intrastate changes of address or employment status was a perfectly logical way to help ensure that states would more effectively be able to track sex offenders when they crossed state lines; and 2) SORNA did not violate the non-delegation doctrine by delegating legislative authority to the Attorney General.
Argued: September 14, 2009
Decided: January 7, 2010
Opinion by Judge Wesley
Brenda K. Sannes, Assistant United States Attorney, Syracuse, NY
James P. Egan, Lisa A. Peebles, Assistant Federal Public Defenders, Syracuse, NY