Home -> Law Blog Directory -> Criminal Law Blogs -> Sex Crimes

Criminal Law

: Sex Crimes

U.S. v. Powers Ends with a Whimper

By Corey Rayburnyung

After a strong district court opinion finding that SORNA was an unlawful exercise of federal power under the Commerce Clause, I was optimistic that the 11th Circuit might be the first circuit to reach a similar holding. However, after a panel the other week decided the issue based upon meager briefing on the issue, the outcome in Powers was inevitable. In a brief opinion, the 11th Circuit found for the government and reversed the district court: In United States v. Ambert, __ F.3d __, No. 08-13139, 2009 WL 564677 (11th Cir. March 6, 2009), this Court held both the registration provisions set forth at 42 U.S.C. § 16913 and the failure to register offense set forth at 18 U.S.C. § 2250(a) do not violate the Commerce Clause. Id. at *8-9. We concluded § 2250 falls within Congress?s power to regulate ?both the use of channels of interstate commerce and the instrumentalities of interstate commerce...continue to full post

Full post as published by Sex Crimes on March 26, 2009 (boomark / email).