The opinion of the court was delivered by: Richard Mills, U.S. District Judge:
Thursday, 22 March, 2012 09:41:23 AM
Clerk, U.S. District Court, ILCD
This case is before the Court on Defendant Charles Goodwin's Motion to Dismiss the Indictment and the Magistrate Judge's Report and Recommendation recommending that the Motion to Dismiss be denied. The Defendant has filed Objections to the Report and Recommendation. After considering the Parties' submissions, the Court will DENY the Defendant's Motion to Dismiss the Indictment and ADOPT the Report and Recommendation.
On February 8, 1994, Defendant Charles Goodwin pled guilty to Attempted Lewd and Lascivious Act with a child under the age of 16, a third degree felony under Florida law. In 2006, Congress enacted the Sex Offender Registration and Notification Act (SORNA), which required convicted sex offenders to register and keep their registrations current in each jurisdiction in which the offender resides. See 42 U.S.C. § 16913(a). Federal law provides for imprisonment of up to ten years for any person who is a sex offender under SORNA to travel in interstate commerce and knowingly fail to register or update his registration as required. See 18 U.S.C. § 2250(a). SORNA further provides in part, "The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter or its implementation in a particular jurisdiction." 42 U.S.C. § 16913(d).
On February 28, 2007, the Attorney General issued an interim regulation making SORNA applicable "to all sex offenders, including sex offenders convicted of the offense for which registration is required prior to the enactment of that Act." 72 Fed. Reg. 8897 (codified at 28 C.F.R. § 72.3) ("the Regulation").
On July 13, 2011, the grand jury in this district issued an Indictment charging Goodwin with violating SORNA. Specifically, it alleged:
From on or about September 2008 through June 19, 2011, in Vermillion County, in the Central District of Illinois, and elsewhere, CHARLES GOODWIN, defendant herein, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act ("SORNA"), after receiving a felony conviction in February of 1994, in the State of Florida for Attempted Lewd and Lascivious Act with a Child Under 16 Years of Age, knowingly failed to register and update a registration, as required by SORNA, after leaving the State of Florida and thereafter traveled in interstate commerce to the State of Illinois.
Goodwin filed a motion to dismiss [d/e 15] the Indictment. Following the Government's response [d/e 17], United States Magistrate Judge Byron G. Cudmore issued a Report and Recommendation [d/e 18], wherein he recommended that Goodwin's motion be denied. Goodwin requests a de novo review of the Report and Recommendation.
Pursuant to Rule 12(b)(3)(B) of the Federal Rules of Criminal Procedure, a defendant may file a pretrial motion that challenges the sufficiency of the indictment. Goodwin raises a purely legal challenge, moving to dismiss the Indictment on the grounds that the Regulation is unconstitutional because Congress ...