[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-12764 ELEVENTH CIRCUIT
MARCH 26, 2009
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 07-00221-CR-ORL-31-KRS
UNITED STATES OF AMERICA,
Defendant-Appellant,
versus
ROBERT D. POWERS,
Plaintiff-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(March 26, 2009)
Before BLACK and MARCUS, Circuit Judges, and QUIST,* District Judge.
PER CURIAM:
*
Honorable Gordon J. Quist, United States District Judge for the Western District of
Michigan, sitting by designation.
Defendant Robert D. Powers was indicted for failing to register as required
by the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C.
§ 16913, in violation of 18 U.S.C. § 2250(a). Powers moved to dismiss the
indictment, and, after hearing argument, the district court declared 18 U.S.C.
§ 2250 facially unconstitutional, dismissed the indictment, and ordered Powers
released. United States v. Powers, 544 F. Supp. 2d 1331, 1336 (M.D. Fla. 2008).
On appeal, the Government argues the district court erred in holding 18 U.S.C.
§ 2250(a) facially unconstitutional as an invalid exercise of Congress’s Commerce
Clause power.
In United States v. Ambert, __ F.3d __, No. 08-13139, 2009 WL 564677
(11th Cir. March 6, 2009), this Court held both the registration provisions set forth
at 42 U.S.C. § 16913 and the failure to register offense set forth at 18 U.S.C.
§ 2250(a) do not violate the Commerce Clause. Id. at *8-9. We concluded
§ 2250 falls within Congress’s power to regulate “both the use of channels of
interstate commerce and the instrumentalities of interstate commerce.” Id. at *8.
We also concluded “the requirement that sex offenders register under § 16913 is
necessary to track those offenders who move from jurisdiction to jurisdiction.” Id.
at *10.
2
Ambert controls here. The district court erred in dismissing the indictment
against Powers on the ground that SORNA exceeded Congress’s authority under
the Commerce Clause. Accordingly, we vacate the order of the district court and
remand for reinstatement of the indictment.
VACATED AND REMANDED.
3