United States v. Mingo, No. 18-2225 (2d Cir. 2020)
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The Second Circuit affirmed defendant's conviction for failure to register under the Sex Offender Registration and Notification Act (SORNA). Defendant was convicted of raping another member of his platoon in violation of Article 120 of the Uniform Code of Military Justice and, after he was discharged from military service, he was designated as a Level Two sex offender.
The court held that 34 U.S.C. 20911(5)(A)(iv)'s delegation to the Secretary of Defense to designate which military offenses constitute "sex offenses" under the statute does not violate the non-delegation doctrine. The court also held that the Secretary of Defense did not violate the Administrative Procedure Act in designating military offenses as sex offenses under SORNA.
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