[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
Oct. 13, 2009
No. 09-10228 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 08-60064-CR-WJZ
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
EDWARD MYERS,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(October 13, 2009)
Before BIRCH, BLACK and HULL, Circuit Judges.
PER CURIAM:
The Government appeals the district court’s order dismissing an indictment
that charged Edward Myers with traveling in interstate commerce and failing to
register as sex offender as required by the Sex Offender Registration and
Notification Act (SORNA), in violation of 18 U.S.C. § 2250(a). The district court
concluded that both § 2250 and SORNA’s sex-offender registration requirements
found in 42 U.S.C. § 16913 exceeded Congress’s authority under the Commerce
Clause. United States v. Myers, 591 F. Supp. 2d 1312, 1316 (S.D. Fla. 2008).
We recently upheld against a Commerce Clause challenge both the
failure-to-register offense in 18 U.S.C. § 2250(a) and the registration requirements
in 42 U.S.C. § 16913. See United States v. Ambert, 561 F.3d 1202, 1210-12 (11th
Cir. 2009). Myers concedes that the district court’s order dismissing the
indictment is contrary to Ambert but challenges the reasoning of that panel’s
decision on appeal. We are bound by that decision unless overruled by the
Supreme Court or this Court sitting en banc. See United States v. Vega-Castillo,
540 F.3d 1235, 1236 (11th Cir. 2008).1 Accordingly, we vacate the district court’s
order and remand for reinstatement of the indictment. See United States v. Powers,
562 F.3d 1342, 1344 (11th Cir. 2009).
VACATED AND REMANDED.
1
We have denied Myers’ petition for an initial hearing en banc.
2