Undra Johnson was convicted of not registering as a sex offender under the Sex Offender Registration and Notification Act (SORNA). Johnson challenged the validity of SORNA, arguing that it violated the Constitution and that the Attorney General's regulations were illegal. The court upheld SORNA's validity under the Commerce Clause and non-delegation principles, and found that it did not violate the Ex Post Facto Clause. The court also found that Johnson lacked standing to pursue his Tenth Amendment claim and that the Attorney General's interim regulation for the applicability of SORNA to pre-enactment offenders did not violate the Administrative Procedures Act, but did find that the Attorney General should have followed the APA, including notice and comment requirements, when imposing federal criminal liabilities on pre-enactment sex offenders.
United States v. Johnson (2011)
United States Court of Appeals for the Fifth Circuit
632 F.3d 912
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