Case: 12-50002 Document: 00511964385 Page: 1 Date Filed: 08/21/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 21, 2012
No. 12-50002
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ANDREW GARRETT ALLARD, also known as Andres Garrett Allard, also
known as Adrew Garrett Allard,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:11-CR-1300-1
Before SMITH, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Andrew Garrett Allard raises
arguments that he concedes are foreclosed by United States v. Heth, 596 F.3d
255, 258-59 & n.3 (5th Cir. 2010), which held that (1) the Sex Offender
Registration and Notification Act (SORNA) was a valid exercise of Congress’s
power under the Commerce Clause and (2) the defendant’s conviction under
SORNA did not violate his due process rights even though (a) the states in which
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50002 Document: 00511964385 Page: 2 Date Filed: 08/21/2012
No. 12-50002
he traveled had not yet implemented SORNA and (b) he had not received actual
notice of SORNA’s registration requirements. See United States v. Whaley, 577
F.3d 254, 258-62 (5th Cir. 2009). The Government’s motion for summary
affirmance is GRANTED, the Government’s alternative motion for an extension
of time to file a brief is DENIED, and the judgment of the district court is
AFFIRMED.
2