United States v. Terry Black Lance

Filing

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 --(UNPUBLISHED)-- [4062627] [12-3583]

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[Unpublished]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