UNITED STATES v. COLE (2020)

Leefatinie Cole appeals his conviction for failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act, 18 U.S.C. § 2250(a). We affirm.

On appeal, Mr. Cole argues that Congress unconstitutionally delegated authority to the Attorney General to decide whether SORNA'S registration requirements apply to individuals like himself who were convicted of sex offenses before SORNA's enactment in 2006. See 34 U.S.C. § 20913(d). That argument is foreclosed by the Supreme Court's decision in Gundy v. United States, ––– U.S. ––––, 139 S. Ct. 2116, 204 L.Ed.2d 522 (2019), which rejected an identical contention. See id. at 2121 (plurality opinion); id. at 2130-31 (Alito, J., concurring in the judgment). It is also foreclosed by our decision in United States v. Ambert, 561 F.3d 1202, 1213-14 (11th Cir. 2009).

Given that four Justices in Gundy expressed doubt over the Court's current non-delegation jurisprudence, Mr. Cole seeks to preserve his constitutional argument for future review. We understand, but are bound by Gundy and Ambert.

AFFIRMED.

PER CURIAM: