No. 19-8079

Mark Steven Elk Shoulder v. United States

Lower Court: Ninth Circuit
Docketed: 2020-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: federal-jurisdiction major-crimes-act nondelegation-doctrine retroactive-application retroactivity sex-offender-registration special-relationship statutory-interpretation
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-26
Waiver of right of respondent United States to respond filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)

Attorneys

Mark Steven Elk Shoulder
John Palmer RhodesFederal Defenders of Montana, Petitioner
John Palmer RhodesFederal Defenders of Montana, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent