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Herman Avery Gundy v. United States

IFP petition · United States Court of Appeals for the Second Circuit, No. 16-1829 · judgment June 22, 2017

Decided · June 20, 2019

Question presented

Granted limited to question 4 presented by the petition.

  1. Whether convicted sex offenders are "required to register” under the federal Sex Offender Notification and Registration Act ("SORNA”) while in custody, regardless of how long they have until release.

  2. Whether all offenders convicted of a qualifying sex offense prior to SORNA's enactment are "required to register" under SORNA no later than August 1, 2008.

  3. Whether a defendant violates 18 U.S.C. § 2250(a), which requires interstate travel, where his only movement between states occurs while he is in the custody of the Federal Bureau of Prisons and serving a prison sentence.

  4. Whether SORNA's delegation of authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d) violates the nondelegation doctrine.

Counsel of record

For petitioner
Sarah Baumgartel
Federal Defenders of New York, Inc.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 12 conferences

Amicus briefs
13 merits
(13 supporting pet./neither)

Argument & decision

Argued October 2, 2018 — Sarah Baumgartel · Jeffrey B. Wall. Audio and transcript

Decided June 20, 2019. Opinion by Kagan.

Proceedings

  1. Nov 26 2019
    JUDGMENT ISSUED.
  2. Nov 25 2019
    Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  3. Nov 18 2019
    DISTRIBUTED for Conference of 11/22/2019.
  4. Nov 12 2019
    DISTRIBUTED for Conference of 11/15/2019.
  5. Nov 04 2019
    DISTRIBUTED for Conference of 11/8/2019.
  6. Oct 28 2019
    DISTRIBUTED for Conference of 11/1/2019.
  7. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  8. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  9. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  10. Aug 05 2019
    Rescheduled.
  11. Jul 11 2019
    Petition for Rehearing filed.
  12. Jul 11 2019
    DISTRIBUTED.
  13. Jun 20 2019
    Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Kavanaugh, J., took no part in the consideration or decision of the case.
  14. Oct 02 2018
    Argued. For petitioner: Sarah Baumgartel, New York, N. Y. For respondent: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C.
  15. Sep 04 2018
    Reply of petitioner Herman Gundy filed. (Distributed)
  16. Aug 08 2018
    Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
  17. Aug 07 2018
    Record requested from the U.S.C.A. 2nd Circuit.
  18. Aug 03 2018
    CIRCULATED
  19. Aug 02 2018
    Brief of respondent United States filed. (Distributed)
  20. Jul 09 2018
    SET FOR ARGUMENT On Tuesday, October 2, 2018
  21. Jun 01 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  22. Jun 01 2018
    Brief amicus curiae of New Civil Liberties Alliance filed.
  23. Jun 01 2018
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  24. Jun 01 2018
    Brief amici curiae of Downsize DC Foundation, et al. filed.
  25. Jun 01 2018
    Brief amicus curiae of Institute for Justice filed.
  26. Jun 01 2018
    Brief amici curiae of Scholars Whose Work Includes Sex Offense Studies filed.
  27. Jun 01 2018
    Brief amicus curiae of American Civil Liberties Union filed.
  28. Jun 01 2018
    Brief amici curiae of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors filed.
  29. Jun 01 2018
    Amicus brief of The Becket Fund for Religious Liberty not accepted for filing. (A corrected brief has been submitted - June 1, 2018)
  30. Jun 01 2018
    Brief amicus curiae of The Becket Fund for Religious Liberty filed.
  31. May 31 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  32. May 30 2018
    Brief amicus curiae of The National Association of Federal Defenders filed.
  33. May 30 2018
    Brief amici curiae of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute filed.
  34. May 25 2018
    Joint appendix filed. (Statement of costs filed)
  35. May 25 2018
    Brief of petitioner Herman Gundy filed.
  36. May 24 2018
    Brief amici curiae of Cato Institute & Cause of Action Institute filed.
  37. Mar 14 2018
    Motion to extend the briefing schedule on the merits is granted . The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2018. The time to file respondent's brief on the merits is extended to and including August 2, 2018.
  38. Mar 13 2018
    Motion for an extension of time filed.
  39. Mar 05 2018
    Motion of petitioner for leave to proceed in forma pauperis GRANTED. The petition for a writ of certiorari is GRANTED limited to Question 4 presented by the petition.
  40. Feb 26 2018
    DISTRIBUTED for Conference of 3/2/2018.
  41. Feb 20 2018
    DISTRIBUTED for Conference of 2/23/2018.
  42. Feb 05 2018
    DISTRIBUTED for Conference of 2/16/2018.
  43. Jan 16 2018
    Rescheduled.
  44. Jan 04 2018
    DISTRIBUTED for Conference of 1/19/2018.
  45. Dec 18 2017
    Brief of respondent United States in opposition filed.
  46. Nov 09 2017
    Order extending time to file response to petition to and including December 18, 2017.
  47. Oct 17 2017
    Response Requested. (Due November 16, 2017)
  48. Oct 05 2017
    DISTRIBUTED for Conference of 10/27/2017.
  49. Sep 29 2017
    Waiver of right of respondents United States to respond filed.
  50. Sep 20 2017
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)