United States v. Lindon Roy Knutson, No. 12-2801 (8th Cir. 2013)

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Court Description: Criminal case - Criminal law. Non-delegation doctrine challenge to SORNA rejected - see U.S. Kuehl, 706 F.3d 917 (8th Cir. 2013).

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2801 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lindon Roy Knutson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: July 18, 2013 Filed: August 7, 2013 [Unpublished] ____________ Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. After the district court1 denied his motion to dismiss the indictment, Lindon Roy Knutson conditionally pled guilty to failure to register as a sex offender, in violation of 18 U.S.C. § 2250(a), and 42 U.S.C. §§ 16911, 16913. In his motion to 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota. dismiss, Knutson challenged the constitutionality of the Sex Offender Registration and Notification Act (SORNA) specifically, 42 U.S.C. § 16913(d) under the nondelegation doctrine. Earlier, this court had remanded Knutson s case to reconsider his motion in light of the Supreme Court s decision in Reynolds v. United States, 565 U.S. ___ , 132 S. Ct. 975 (2012). On remand, the district court again denied the motion to dismiss. In this appeal, Knutson argues that the district court erred. To the contrary, as decided in United States v. Kuehl, 706 F. 3d 917, 920 (8th Cir. 2013), SORNA does not violate the non-delegation doctrine. The judgment is affirmed. ______________________________ -2-

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