We conclude that SORNA does not violate the nondelegation doctrine. Accordingly, we will affirm Cooper’s conviction.
In 1999, Cooper was convicted in Oklahoma state court on three counts of rape in the first degree. Cooper was paroled in January 2006. As required by pre-SORNA law, he registered as a sex offender in Oklahoma on or around January 20, 2006.
In July 2006, Congress enacted SORNA, which requires sex offenders to comply with specific registration requirements and to update registration information in the event of a change of name, address, employment, or student status. Pursuant to the promulgation of an administrative rule on February 28, 2007, and subsequent issuance of a final rule, the Attorney General made SORNA’s registration requirements applicable to individuals (such as Cooper) who were convicted of sex offenses prior to the enactment of SORNA.
In or around early 2011, Cooper moved from Oklahoma to Delaware. Although SORNA required Cooper to notify authorities of this change in residence, Cooper did not provide either Oklahoma or Delaware authorities with his updated residence information, nor did he separately register as a sex offender in Delaware after moving there.
Judge(s): Brooks Smith
Jurisdiction: U.S. Court of Appeals, Third Circuit
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|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Edson Bostic||Office of the Federal Public Defender|
|Daniel Siegel||Office of the Federal Public Defender|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Ilana Eisenstein||U.S. Department of Justice|
|Edward McAndrew||U.S. Department of Justice|