FILED
NOT FOR PUBLICATION SEP 30 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30310
Plaintiff - Appellee, D.C. No. 2:11-cr-00058-RHW
v.
MEMORANDUM*
JAMES ROBERT SORRELL,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
James Robert Sorrell appeals from his jury-trial conviction for failure to
register as a sex offender under the Sex Offender Registration and Notification Act
(“SORNA”), in violation of 18 U.S.C. § 2250(a). Sorrell challenges the district
court’s denial of his motion to dismiss the indictment. We have jurisdiction under
*
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).
28 U.S.C. § 1291. We review de novo, see United States v. Cabrera-Gutierrez,
756 F.3d 1125, 1129 (9th Cir. 2014), and we affirm.
Sorrell first contends that his conviction violated due process because he had
no notice of his obligation to register under SORNA. This claim fails because the
record reflects that Sorrell was advised of his duty to register under state law. See
United States v. Elkins, 683 F.3d 1039, 1050 (9th Cir. 2012).
Sorrell next contends that SORNA violates the non-delegation doctrine
because it allows the Attorney General to legislate SORNA’s retroactive
application. This contention is foreclosed. See United States v. Richardson, 754
F.3d 1143, 1146 (9th Cir. 2014) (per curiam) (“SORNA’s delegation of authority
to the Attorney General to determine the applicability of SORNA’s registration
requirements to pre-SORNA sex offenders is consistent with the requirements of
the non-delegation doctrine.”).
Finally, Sorrell contends that Congress did not have the power to enact
SORNA. This contention is also foreclosed. See Cabrera-Gutierrez, 756 F.3d at
1129-32 (Congress had the power under the Commerce and Necessary and Proper
Clauses to enact SORNA and its registration requirement).
AFFIRMED.
2 11-30310