United States v. Tommy Kuehl
2013 U.S. App. LEXIS 3373
| 8th Cir. | 2013Background
- Kuehl was convicted in 1991 of two counts of attempted sexual conduct and later faced SORNA registration requirements.
- SORNA was enacted in 2006; §16913(d) authorizes the Attorney General to determine retroactivity of SORNA.
- In 2007 the Attorney General held SORNA retroactive to pre-enactment offenders, making Kuehl subject to registration.
- Kuehl was arrested in 2011 for trespassing in Iowa and indicted for failure to register as a sex offender.
- The district court upheld the §16913(d) delegation as valid, and Kuehl pled guilty conditionally while preserving appellate rights.
- The issue on appeal was whether §16913(d) improperly delegates legislative power to determine retroactivity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §16913(d) a constitutionally valid delegation? | Kuehl asserts an unconstitutional delegation of legislative power. | Kuehl (the defense) contends the Attorney General is given broad discretion. | Yes; §16913(d) is a valid delegation with an intelligible principle. |
Key Cases Cited
- Panama Ref. Co. v. Ryan, 293 U.S. 388 (1935) (nondelegation concerns require intelligible principles)
- Mistretta v. United States, 488 U.S. 361 (1989) (upholds delegation with intelligible principle)
- Am. Power & Light Co. v. Sec. & Exch. Comm'n, 329 U.S. 90 (1946) (defines intelligible principle test boundaries)
- Yakus v. United States, 321 U.S. 414 (1944) (delegation sustained by general policy guidance)
- United States v. Guzman, 591 F.3d 83 (2d Cir. 2010) (retroactivity question bounded under delegation)
- United States v. DiTomasso, 621 F.3d 17 (1st Cir. 2010) (retrospective application debates among circuits)
- National Bd. of Med. Examiners v. United States, 319 U.S. 190 (1943) (public interest rationale supports delegation)