United States v. Fernandez, No. 11-1734 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to one count of failing to register as a sex offender in violation of 18 U.S.C. 2250 and the district court sentenced him to 18 months' imprisonment and five years' supervised release. Defendant appealed the district court's denial of his motion to dismiss the indictment. The court held that, under Reynolds v. United States, defendant had standing to raise his non-delegation claim and the court remanded to the district court to consider that claim on the merits. The court held that defendant's other challenges to the district court's ruling were foreclosed by circuit precedent. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.
Court Description: Criminal case - Criminal law. Under Reynolds v. United States, 132 S.Ct. 975 (2012), defendant had standing to raise a non-delegation challenge to SORNA, and that claim must be remanded for further proceedings; the remainder of defendant's challenges to SORNA are foreclosed by this circuit's precedents, and the district court did not err in rejecting them.
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