United States v. Fred Davis

585 F. App'x 213

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 20, 2014
• Docket: 14-4285
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

This appeal is before this court following resentencing after remand. Fred Lawrence Davis now challenges his conviction for failing to register and update his registration as required by the Sex Offender Registration and Notification Act (“SOR-NA”), in violation of 18 U.S.C. § 2250(a) (2012). Davis argues that Congress exceeded its authority under the Commerce Clause when it enacted SORNA. As Davis concedes, his argument is foreclosed by our decision in United States v. Gould, 568 F.3d 459, 470-75 (4th Cir.2009). Because “a panel of this court cannot overrule, explicitly or implicitly, the precedent set by a prior panel of this court,” United States v. Rivers, 595 F.3d 558, 564 n. 3 (4th Cir.2010) (internal quotation marks and alteration omitted), we conclude that Davis’s challenge to the constitutionality of SOR-NA must fail.

Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.