United States Second Circuit

The 63‐month sentence imposed on defendant by the district court following defendant's guilty plea for failure to register as a sex offender is affirmed, where: 1) the Attorney General validly extended the Sex Offender Registration and Notification Act's (SORNA) applicability to pre-Act offenders; 2) SORNA was a proper congressional exercise of the commerce power; and 3) the district court did not abuse its discretion by applying an eight-level sentencing enhancement for committing a sex offense against a minor while defendant was in failure-to-register status, even though he pled to a misdemeanor, because the conduct amounting to a "sex offense" is enough to trigger the enhancement.

Appellate Information

• Decided 04/24/2014
• Published 04/24/2014

Judges

• WALKER

Court

• United States Second Circuit

Counsel