Mark Steven Elk Shoulder v. United States
SocialSecurity JusticiabilityDoctri
Whether SORNA can be applied, retroactively, through the Wetterling Act, to a defendant whose underlying sex offense conviction was prosecuted under the limited jurisdiction of the Major Crimes Act, who was no longer in a 'special relationship' with the federal government at the time of his SORNA violations, and whose SORNA violation did not otherwise implicate any other basis for federal jurisdiction, e.g., interstate commerce?
QUESTIONS PRESENTED Whether SORNA can be applied, retroactively, through the Wetterling Act, to a defendant whose underlying sex offense conviction was prosecuted under the limited jurisdiction of the Major Crimes Act, who was no longer in a “special relationship” with the federal government at the time of his SORNA violations, and whose SORNA violation did not otherwise implicate any other basis for federal jurisdiction, e.g., interstate commerce? Whether legislative delegation of SORNA authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d) violates the nondelegation doctrine? 2