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UNITED STATES v. KEBODEAUX

Docket No.: 12-418
Certiorari Granted: Jan 11 2013
Argued: April 17, 2013
Decided: June 24, 2013

Topics:

Article I, Commerce Clause, Due Process, Necessary and Proper, SORNA, Sex Offender Registration and Notification Act, Supremacy Clause, Tenth Amendment, Uniform Code of Military Justice

PartyNames: United States v. Anthony James Kebodeaux
Petitioner: United States
Respondent: Anthony James Kebodeaux

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 687 F.3d 232
Supreme Court Docket

United States
v.
Anthony James Kebodeaux
Background:

A person who is required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA) as a result of a conviction under federal law and who knowingly fails to register or update a registration as required by federal law is subject to criminal penalties under 18 U.S.C. 2250(a)(2)(A). Before SORNA was enacted, respondent was convicted of a military sex offense, completed service of his sentence, and was subject to a federal obligation to register as a sex offender under pre-SO RNA law. The court of appeals held in this case that SORNA is unconstitutional as applied to respondent on the ground that the statute exceeded Congress's powers under Article I of the Constitution.

Question Presented:

1. Whether the court of appeals erred in conducting its constitutional analysis on the premise that respondent was not under a federal registration obligation until SORNA was enacted, when pre-SORNA federal law obligated him to register as a sex offender. 2. Whether the court of appeals erred in holding that Congress lacks the Article I authority to provide for criminal penalties under 18 U.S.C. 2250(a)(2)(A), as applied to a person who was convicted of a sex offense under federal law and completed his criminal sentence before SORNA was enacted.

UNITED STATES v. KEBODEAUX
ORAL ARGUMENT

April 17, 2013

Listen to Oral Argument in UNITED STATES v. KEBODEAUX
Holding: REVERSED AND REMANDED
Vote: 7-2
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