U.S. v. CABRERA-GUTIERREZ

No. 12-30233.

718 F.3d 873 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro CABRERA-GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2013.


Attorney(s) appearing for the Case

Rebecca L. Pennell , Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant-Appellant.

Michael C. Ormsby , United States Attorney, and Alison L. Gregoire (argued), Assistant United States Attorney, Yakima, WA, for Plaintiff-Appellee.

Before: A. WALLACE TASHIMA and CONSUELO M. CALLAHAN, Circuit Judges, and RANER C. COLLINS, District Judge.


OPINION

CALLAHAN, Circuit Judge:

Pedro Cabrera-Gutierrez ("Cabrera") appeals his conviction and sentence for failing to register under the Sex Offender Registration and Notification Act ("SORNA"). On appeal he advances two arguments. First, he asserts that Congress lacked authority under the Commerce Clause to compel his registration as a sex offender. Second, he contends that he should have been sentenced as a Tier I, rather than a Tier III, sex offender...

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