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Lots of notable sentencing action from the Eighth Circuit

By Douglas A. Berman

By my quick count, the Eighth Circuit has already handed down nearly a dozen sentencing opinions this week.  And two of the rulings today are especially noteworthy because they deal with the constitutionality of prosecutions under the federal Sex Offender Registration and Notification Act and with the scope of a judge's authority in crack retroactivity proceedings.  Here are unofficial summaries these rulings from this official opinions page: United States v. Howell,No. 08-2126 (8th Cir. Jan. 13, 2009) (available here): 18 U.S.C. Sec. 2250, which provides for prosecution of anyone who fails to register under the Sex Offender Registration and Notification Act (SORNA) is a constitutional exercise of Congress's commerce clause powers; SORNA's registration provision is a constitutional exercise commerce clause power as it is an appropriate aid to the accomplishment of the goal of tracking the interstate movement of sex offenders; in defendant Howell's case, the district court did not err in concluding the Northern District of Iowa was the proper venue for his prosecution as his SORNA offense commenced in the district...continue to full post

Full post as published by Sentencing Law and Policy on January 13, 2009 (boomark / email).