October 7, 2013
UNITED STATES OF AMERICA, Plaintiff,
CRAIG C. HOWELL, Defendant.
RICHARD MILLS, District Judge.
Pending before the Court is the Motion of Defendant Craig C. Howell to Dismiss the Indictment [d/e 13]. Pending also is the Report and Recommendation [d/e 16], wherein United States Magistrate Judge Byron G. Cudmore recommended that Defendant's Motion to Dismiss be Denied. The Defendant has filed timely Objections to the Report and Recommendation.
A single-count Indictment charges Defendant Craig C. Howell with failing to register and update his registration as a sex offender after traveling in interstate commerce from the State of Arizona to the State of Illinois, in violation of the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. § 2250(a).
The Defendant moved to dismiss the Indictment on the grounds that SORNA is unconstitutional because: (1) it is an unconstitutional delegation of legislative authority to the executive branch; and (2) Congress lacks the authority to regulate the purely intrastate activity of failing to register as a sex offender. The Defendant has acknowledged that the United States Court of Appeals for the Seventh Circuit has rejected these arguments, but wishes to preserve the issues for further review.
Ergo, the Court hereby ADOPTS the Report and Recommendation [d/e 16] filed by United States Magistrate Judge Byron G. Cudmore and DENIES the Motion to Dismiss Indictment [d/e 13] filed by Defendant Craig C. Howell.