United States v. Wass, 2018 WL 3341180 (E.D. N.C. 2018)
Nature of Case: Defendant was convicted of a sexual offense in Florida in 1995 and required to register. After passage of federal SORNA in 2006, he traveled in interstate commerce and was indicted for failing to register. Defendant filed motion to dismiss the indictment on the grounds that federal SORNA violated doctrine of non-delegation, and that its application to him violated the Ex Post Facto clause of the federal constitution.
Holding: District court held that federal SORNA was unconstitutional in that Congress improperly delegated its authority to Attorney General when implementing SORNA, and that it was so punitive in effect as to constitute punishment and thus could not be applied retroactively. Indictment dismissed.
[Ed. Note: United States is appealed this decision to the 4th Circuit Court of Appeals, Case No. 18-4547]