United States v. Vincent Garner

MEMORANDUM

Vincent Lee Garner appeals from his conviction and sentence for failure to register under the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250 (a). We affirm.

The gravamen of Garner’s challenge is that he was afforded insufficient procedure to enable him to conform the fact that the State of Oregon had not designated him a sexual predator with the fact that, under the federal tiering scheme, he was designated a “tier III sex offender.” Garner’s federal tiering designation is a matter of federal law. See 42 U.S.C. § 16911 . Section 16911, which sets forth the federal tiering system, looks to the elements of the state offense and the length of imprisonment by which that offense is punishable. Federal law does not look to the specific features of Oregon’s classification system in making its tiering designation. Consequently, the characteristics of Oregon’s classification system are not relevant here. Persons “who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in that hearing are relevant under the statutory scheme.” Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 1, 8 , 123 S.Ct. 1160 ,…