FILED
NOT FOR PUBLICATION JUN 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30283
Plaintiff - Appellee, D.C. No. 4:09-cr-00025-SEH
v.
MEMORANDUM*
DOUGLAS JOSEPH DAY RIDER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Douglas Joseph Day Rider appeals from the district court’s judgment and
challenges his guilty-plea conviction for failure to register as a sexual offender
under the Sex Offender Registration and Notification Act (“SORNA”), in violation
of 18 U.S.C. § 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
affirm.
Rider first argues that the district court should have dismissed the indictment
because Montana had not implemented SORNA at the time of his offense. This
argument is foreclosed. See United States v. Elk Shoulder, 738 F.3d 948, 954-55
(9th Cir. 2013), cert. denied, 134 S. Ct. 1920 (2014) (enforcement of SORNA is
not dependent on a state’s implementation of the administrative portion of
SORNA); United States v. Elkins, 683 F.3d 1039, 1046 (9th Cir. 2012) (same).
Rider next argues that Congress lacked authority under the Commerce
Clause to require him to register. This argument is also foreclosed. See United
States v. Kebodeaux, 133 S. Ct. 2496, 2500 (2013) (concluding that “the Necessary
and Proper Clause grants Congress adequate power to enact SORNA and to apply
it” to a defendant convicted of a federal sex crime who was subject to federal sex
offender registration requirements at the time of SORNA’s enactment in 2006); Elk
Shoulder, 738 F.3d at 959 (same).
AFFIRMED.
2 09-30283