United States v. Terry Black Lance


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Duane Benton and Bobby E. Shepherd. --(UNPUBLISHED)-- [4062627] [12-3583]

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United States v. Terry Black Lance Doc. 0 United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3583 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Terry Black Lance lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Sioux Falls ____________ Submitted: July 18, 2013 Filed: August 7, 2013 [Unpublished] ____________ Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.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 his indictment, Terry Black Lance conditionally pled guilty to failure to register as a sex offender, in 1 The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota, adopting the report and recommendations of the Honorable John E. Simko, United States Magistrate Judge for the District of South Dakota. Appellate Case: 12-3583 Page: 1 Date Filed: 08/07/2013 Entry ID: 4062627 Dockets.Justia.com violation of 18 U.S.C. § 2250(a). In a motion to dismiss, Lance challenged the constitutionality of the Sex Offender Registration and Notification Act (SORNA) – specifically, 42 U.S.C. § 16913(d) – under the non-delegation doctrine. On appeal, he argues that the district court erred in denying his motion to dismiss. 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- Appellate Case: 12-3583 Page: 2 Date Filed: 08/07/2013 Entry ID: 4062627

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