United States v. Jeffrey Stock
2012 U.S. App. LEXIS 14102
| 6th Cir. | 2012Background
- Stock, a sex offender, pleaded guilty to failing to register under SORNA after moving from Indiana to Tennessee.
- PSR calculated a base offense level of 16 under U.S.S.G. § 2A3.5(a)(1) as a Tier III offender.
- District court adopted PSR, rejected a three-level reduction for voluntary registration, and sentenced Stock to 72 months plus lifetime supervised release.
- Stock challenged SORNA as unconstitutional on multiple grounds and appealed, raising issues about retroactivity, delegation, and due process.
- Court held that Stock’s base-offense-level error (Tier III) required vacating the sentence and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stock was correctly classified as Tier III offender | Stock contends Indiana offenses were not Tier III comparable. | Government maintained Tier III designation supported by prior offenses. | Plain error; improper Tier III designation vacated sentence; remand for resentencing. |
| Whether SORNA's retroactive regime and delegation were constitutional | Argues retroactive application and Attorney General delegation exceed congressional power. | Delegation and retroactivity are valid under controlling Sixth Circuit authority. | Constitutional under controlling authority; challenges foreclosed. |
| Whether SORNA falls within Congress's Commerce Clause power | SORNA exceeds Commerce Clause limits. | SORNA valid regulation of interstate channels/instrumentalities. | SORNA upheld as valid Commerce Clause regulation. |
| Whether SORNA violates the Tenth Amendment by pressuring states | States are coerced to accept federal registrations. | SORNA conditions federal funds; offender obligation is individual. | Not a Tenth Amendment violation. |
| Whether due process requires notice of retroactive application | Lack of notice invalidates prosecution. | Plea admission shows knowledge of registration duty. | Due process not violated; plea bound Stock to know. |
Key Cases Cited
- United States v. Felts, 674 F.3d 599 (6th Cir. 2012) (upholds nondelegation/retroactivity principles under SORNA)
- United States v. Coleman, 675 F.3d 615 (6th Cir. 2012) (SORNA fits within Commerce Clause powers)
- United States v. Utesch, 596 F.3d 302 (6th Cir. 2010) (SORNA retroactivity timeline after AG regs)
- United States v. Trent, 654 F.3d 591 (6th Cir. 2011) (SORNA reliance on offender registration obligation)
- Gardiner v. United States, 463 F.3d 445 (6th Cir. 2006) (plain-error framework for improper guideline application)