Case: 13-31256 Document: 00512696624 Page: 1 Date Filed: 07/14/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-31256
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
July 14, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CARLOS HARGES,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:12-CR-293-1
Before REAVLEY, JONES, and PRADO, Circuit Judges.
PER CURIAM: *
Carlos Harges pleaded guilty, pursuant to a plea agreement, to failing to
register as a sex offender under the Sex Offender Registration and Notification
Act (SORNA). Prior to his guilty plea, Harges moved unsuccessfully to dismiss
his indictment, arguing in part that Congress improperly delegated to the
Attorney General the power to decide whether SORNA’s registration
requirements applied to sex offenders, like Harges, who were convicted before
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-31256 Document: 00512696624 Page: 2 Date Filed: 07/14/2014
No. 13-31256
SORNA went into effect. In his plea agreement, Harges reserved the right to
raise this issue on appeal.
We have addressed and rejected previous challenges to SORNA based on
the nondelegation doctrine. See United States v. Johnson, 632 F.3d 912, 917
(5th Cir. 2011); United States v. Whaley, 577 F.3d 254, 262-64 (5th Cir. 2009).
Harges recognizes our precedent, but urges that Reynolds v. United States, 132
S. Ct. 975 (2012), calls into question its continued applicability. Reynolds,
however, did not explicitly or implicitly overrule Johnson and Whaley;
accordingly, we are bound by those decisions. See United States v. Short, 181
F.3d 620, 624 (5th Cir. 1999). Consequently, the judgment of the district court
is AFFIRMED.
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