United States v. Louie Donald Iron Bear

MEMORANDUM

Louie Donald Iron Bear appeals from the district court’s judgment and challenges his guilty-plea conviction and 20-month sentence for failure to register as a sexual offender under the Sex Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and dismiss in part.

Iron Bear first argues that the district court should have dismissed the indictment because Montana had not implemented SORNA at the time of his offense. This argument is foreclosed. See United States v. Elk Shoulder, 738 F.3d 948, 954-55 (9th Cir.2013), cert. denied, — U.S.-, 134 S.Ct. 1920 , 188 L.Ed.2d 944 (2014) (enforcement of SORNA is not dependent on a state’s implementation of the administrative portion of SORNA); United States v. Elkins, 683 F.3d 1039, 1046 (9th Cir.2012) (same).

Iron Bear next argues that Congress lacked authority under the Commerce Clause to require him to register. This argument is also foreclosed. See United States v. Kebodeaux, — U.S.-,-, 133 S.Ct. 2496, 2500 , 186 L.Ed.2d 540 (2013) (concluding that “the Necessary and Proper Clause grants Congress adequate power to enact…