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  • United States v. Huls, 10th Cir. (2009)

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    The defendant was convicted of failing to register as a sex offender in Wyoming after moving there from Iowa, where he had previously been convicted of lascivious conduct with a minor. On appeal, he argued that his prosecution violated the Due Process Clause, Commerce Clause, and Tenth Amendment. The court determined that the defendant's due process and commerce clause arguments were foreclosed by precedent. The court also found that the defendant lacked standing to bring his Tenth Amendment claim as an individual. The court affirmed the defendant's conviction and sentence.

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    Filed: 2009-12-02 Precedential Status: Non-Precedential Docket: 09-8046

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    The defendant was convicted of failing to register as a sex offender in Wyoming after moving there from Iowa, where he had previously been convicted of lascivious conduct with a minor. On appeal, he argued that his prosecution violated the Due Process Clause, Commerce Clause, and Tenth Amendment. The court determined that the defendant's due process and commerce clause arguments were foreclosed by precedent. The court also found that the defendant lacked standing to bring his Tenth Amendment claim as an individual. The court affirmed the defendant's conviction and sentence.

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    22 views2 pages

    United States v. Huls, 10th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The defendant was convicted of failing to register as a sex offender in Wyoming after moving there from Iowa, where he had previously been convicted of lascivious conduct with a minor. On appeal, he argued that his prosecution violated the Due Process Clause, Commerce Clause, and Tenth Amendment. The court determined that the defendant's due process and commerce clause arguments were foreclosed by precedent. The court also found that the defendant lacked standing to bring his Tenth Amendment claim as an individual. The court affirmed the defendant's conviction and sentence.

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    December 2, 2009
    UNITED STATES COURT OF APPEALS
    Elisabeth A. Shumaker
    TENTH CIRCUIT

    Clerk of Court

    UNITED STATES OF AMERICA,


    Plaintiff-Appellee,
    v.

    No. 09-8046
    (D.C. No. 1:08-CR-00275-ABJ-1)
    (D. Wyo.)

    JAMES HULS,
    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

    -2-

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