535 F. App'x 668
10th Cir.2013Background
- Rickett pled guilty to failing to register as a sex offender under SORNA, reserving appeal of district court’s denial of dismissal.
- He challenges 42 U.S.C. § 16913(d) as an unconstitutional delegation allowing retroactive SORNA application to pre‑Act offenders.
- Pre‑Act offender Rickett had prior state convictions and federal registration duties; the interim/final AG rules later applied SORNA to pre‑Act offenders.
- He failed to register federally after release and was indicted in 2010 for SORNA registration violations.
- District court denied dismissal; Rickett was sentenced to 24 months’ imprisonment and five years of supervised release; government waived its appellate rights under the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nondelegation challenge survives the guilty plea | Rickett (Rickett) argues § 16913(d) unconstitutional. | Rickett contends the challenge is valid despite the plea. | Not resolved on jurisdiction; government waiver preserved for merits review. |
| Whether § 16913(d) constitutes an unconstitutional delegation of legislative power | Rickett contends AG’s retroactive applicability lacks intelligible principle. | Rickett argues delegation violates nondelegation doctrine. | Not plain error; § 16913(d) upheld against plain‑error review. |
| Whether plain‑error review applies to the nondelegation claim and whether it is plain | Claim should be reviewed de novo as a facial challenge. | Nondelegation issue not plain under current law. | Nondelegation claim not plain; circuit authority supports upholding § 16913(d). |
Key Cases Cited
- United States v. De Vaughn, 694 F.3d 1141 (10th Cir. 2012) (unconditional guilty plea does not deprive appellate court of jurisdiction; government may waive effects)
- United States v. Salazar, 323 F.3d 852 (10th Cir. 2003) (non-jurisdictional defenses may be waived by guilty plea)
- Blackledge v. Perry, 417 U.S. 21 (U.S. 1974) (due process/double jeopardy related to plea effects (Blackledge/Menna))
- Menna v. New York, 423 U.S. 61 (U.S. 1975) (adjunct to Blackledge; governs post-plea challenges)
- Reynolds v. United States, 132 S. Ct. 975 (Supreme Court 2012) (pre‑Act offenders and AG discretion to apply retroactively)
- United States v. Kuehl, 706 F.3d 917 (8th Cir. 2013) (upholds § 16913(d) delegation against nondelegation challenge)
- United States v. Parks, 698 F.3d 1 (1st Cir. 2012) (rejects nondelegation challenge to SORNA)
- United States v. Felts, 674 F.3d 599 (6th Cir. 2012) (rejects nondelegation challenge to SORNA)
- United States v. Guzman, 591 F.3d 83 (2d Cir. 2010) (rejects nondelegation challenge to SORNA)
- United States v. Whaley, 577 F.3d 254 (5th Cir. 2009) (rejects nondelegation challenge to SORNA)
- United States v. Ambert, 561 F.3d 1202 (11th Cir. 2009) (rejects nondelegation challenge to SORNA)