Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States v. Guzman

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: September 14, 2009

Before: MINER, STRAUB, and WESLEY,Circuit Judges.

The government appeals from orders of the United States District Court for the Northern District of New York (Hurd, J.) dismissing the respective indictments of Appellees Jesus Manuel Guzman and David Hall (“Appellees”) pursuant to 18 U.S.C. § 2250(a) for traveling in interstate commerce and failing to register and update their sex offender registrations as required by the Sex Offender Registration and Notification Act (“SORNA” or “Act”). Although it rejected all of Appellees’ other challenges to SORNA, the district court held that the underlying registration requirements of 42 U.S.C. § 16913 exceed the authority of Congress to regulate interstate commerce. United States v. Hall, 577 F. Supp. 2d 610, 623 (N.D.N.Y. 2008); United States v. Guzman, 582 F. Supp. 2d 305, 312 (N.D.N.Y. 2008); United States v. Hall, 588 F. Supp. 2d 326, 329 (N.D.N.Y. 2008) (denying reconsideration). We consolidate these cases solely for the purposes of this appeal. We agree with the district court that Appellees’ other arguments in support of dismissal lack merit. However, we disagree with the district court’s holding that 42 U.S.C. § 16913 exceeds congressional power pursuant to the Commerce Clause of the United States Constitution and therefore reverse the rulings of the district court and reinstate the indictments.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Associate Attorney (Immigration Law)

Associate Attorney (Immigration Law) Position: Associate Attorney (Immigration Law) Location: Central NJ (Remote/Hybrid) Salary: $...


Apply Now ›
Commercial Litigation Income Partner - Pittsburgh, PA

Description: Fox Rothschild has an opening in the Pittsburgh, PA office for an Income Partner- Commercial Litigation, to work with innovativ...


Apply Now ›
Associate Attorney - Commercial Litigation / Bankruptcy - Connecticut

Zeisler & Zeisler, P.C., a highly-regarded corporate restructuring, bankruptcy and commercial litigation boutique, seeks an attorney to ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements