United States v. Huls ( 2009 )

FILED
United States Court of Appeals
Tenth Circuit
December 2, 2009
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 09-8046
(D.C. No. 1:08-CR-00275-ABJ-1)
JAMES HULS, (D. Wyo.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before LUCERO, McKAY, and MURPHY, Circuit Judges.
After examining the briefs and the appellate record, this panel has
determined unanimously to grant the parties’ request for a decision on the briefs
without oral argument. See Fed. R. App. P. 34(f).
Defendant entered a conditional plea of guilty to one count of failing to
register as a sex offender and was sentenced to twelve months plus one day of
imprisonment. This conviction arose from his failure to register as a sex offender
in Wyoming when he moved there from Iowa, where he had been convicted of
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
lascivious conduct with a minor in January 2008. On appeal, he argues that his
prosecution violated the Due Process and Commerce Clauses as well as the Tenth
Amendment to the Constitution.
As Defendant acknowledges, his due process and commerce clause
arguments are foreclosed by binding Tenth Circuit precedent. See United States
v. Lawrance, 548 F.3d 1329 (10th Cir. 2008); United States v. Hinckley, 550 F.3d
926 (10th Cir. 2008). As for his argument that the Sex Offender Registration and
Notification Act violates the Tenth Amendment, we agree with the government
that Defendant lacks standing as an individual to pursue this claim. See United
States v. Parker, 362 F.3d 1279, 1284-85 (10th Cir. 2004); United States v.
Hacker, 565 F.3d 522, 526-27 (8th Cir. 2009). We accordingly AFFIRM the
conviction and sentence.
Entered for the Court
Monroe G. McKay
Circuit Judge
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