Monday, September 23, 2013

US v. Elk Shoulder, No. 10-30072 (9-23-13)(Ikuta with Tashima and Bea).

Denying constitutional challenges to SORNA, the 9th affirms the defendant's conviction. The 9th rejects an ex post facto challenge as foreclosed under US v. Elkins, 683 F.3d 1039 (9th Cir. 2012). Elkins also foreclosed the due process challenge to SORNA's registering requirement, or at least the inability to register. The 9th reasoned that the defendant had recent notice of his obligation to register under state law. Following US v. Kebodeaux, 133 S.Ct 2496 (2013), the 9th rejected the challenge to congressional authority to enact the statute through the Property, Necessary and Proper clause.


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