United States of America v. Terry Black Lance

United States Court of Appeals
For the Eighth Circuit
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No. 12-3583
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Terry Black Lance
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Sioux Falls
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Submitted: July 18, 2013
Filed: August 7, 2013
[Unpublished]
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Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
After the district court denied his motion to dismiss his indictment, Terry1
Black Lance conditionally pled guilty to failure to register as a sex offender, in
The Honorable Lawrence L. Piersol, United States District Judge for the1
District of South Dakota, adopting the report and recommendations of the Honorable
John E. Simko, United States Magistrate Judge for the District of South Dakota.

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violation of 18 U.S.C. § 2250(a). In a motion to dismiss, Lance challenged the
constitutionality of the Sex Offender Registration and Notification Act (SORNA) –
specifically, 42 U.S.C. § 16913(d) – under the non-delegation doctrine. On appeal,
he argues that the district court erred in denying his motion to dismiss. To the
contrary, as decided in United States v. Kuehl, 706 F. 3d 917, 920 (8th Cir. 2013),
SORNA does not violate the non-delegation doctrine.
The judgment is affirmed.
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