United States v. Ervin Ramon

MEMORANDUM

Ervin Joseph Ramon appeals from the district court’s judgment imposed following his guilty-plea conviction for failure to register as a sex offender under the Sex Offender Registration and Notification Act (“SORNA” or “the Act”), in violation of 18 U.S.C. § 2250 (a). Ramon challenges the district court’s denial of his motion to dismiss the indictment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, see United States v. Cabrera-Gutierrez, 756 F.3d 1125, 1129 (9th Cir.), cert. denied, — U.S. -, 135 S.Ct. 124 , — L.Ed.2d - (2014), and we affirm.

Ramon first contends that SORNA violates the non-delegation doctrine because it allows the Attorney General to legislate SORNA’s retroactive application. This claim is foreclosed. See United States v. Richardson, 754 F.3d 1143, 1146 (9th Cir.2014) (per curiam). Ramon’s suggestion that the delegation was not effective because the Attorney General did not promulgate notice rules for pre-Act offenders is unpersuasive. Nothing in the Act indicates that the Attorney General’s power to declare the Act retroactive was contingent on the promulgation of notice rules. See 42 U.S.C. § 16913 (d). Moreover, the final…