UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4285
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRED LAWRENCE DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:12-cr-00060-D-1)
Submitted: November 18, 2014 Decided: November 20, 2014
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Eric J. Brignac,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. Thomas G. Walker, United States Attorney, Jennifer
P. May-Parker, Kristine L. Fritz, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
This appeal is before this court following
resentencing after remand. Fred Lawrence Davis now challenges
his conviction for failing to register and update his
registration as required by the Sex Offender Registration and
Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250(a)
(2012). Davis argues that Congress exceeded its authority under
the Commerce Clause when it enacted SORNA. As Davis concedes,
his argument is foreclosed by our decision in United States v.
Gould, 568 F.3d 459, 470-75 (4th Cir. 2009). Because “a panel
of this court cannot overrule, explicitly or implicitly, the
precedent set by a prior panel of this court,” United States v.
Rivers, 595 F.3d 558, 564 n.3 (4th Cir. 2010) (internal
quotation marks and alteration omitted), we conclude that
Davis’s challenge to the constitutionality of SORNA must fail.
Accordingly, we affirm the district court’s judgment.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
2