Whether the Sex Offender Registration and Notification Act (SORNA) unconstitutionally delegates legislative authority to the Attorney General and exceeds Congress' Commerce Clause powers

No question identified. : To Justice Brett M. Kavanaugh: Petitioner Allen Brooks, Jr., through his attorney of record, Assistant Federal Public Defender Amanda Lee Altman, requests an additional 60 days in which to file a petition in this Court seeking certiorari to the Eighth Circuit Court of Appeals, up through March 16, 2024. Petitioner requests this extension under Supreme Court Rule 13.5. JURISDICTION Petitioner requests an extension to file a petition for writ of certiorari. Petitioner is preparing to request this Court’s review of the judgment issued by the Eighth Circuit Court of Appeals on October 18, 2023, affirming the imposition of his 33-month prison term and 20-year term of supervised release for violating the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. §2250(a)(3). Prior to pleading guilty, Mr. Brooks moved to dismiss the indictment, arguing that (1) SORNA impermissibly delegates legislative authority to the Attorney General when it authorizing that Executive Branch officer to decide whether the statute applies to individuals (like Mr. Brooks) convicted of a sex offense prior to its enactment; and, (2) SORNA is an improper exercise of Congress' Commerce Clause powers. See U.S. Const. Art. I, § 1 (Legislative Power Vested in Congress); id. at § 8, cl. 3 (Regulation of Commerce). Petitioner based the first argument on the arguments noted in Justice Gorsuch’s dissent from the decision in Gundy v. United States, 558 U.S. __, 139 S. Ct. 2116 (2019). The Court of Appeals affirmed Mr. Brooks’ conviction and sentence by a per curiam opinion dated October 18, 2023.