United States v. Joe Reyes, Jr.

MEMORANDUM

Joe Reyes, Jr., appeals both his conviction and sentence for failure to register or update his registration as a sex offender in violation of the Sex Offender Registration and Notification Act (“SORNA”). See 18 U.S.C. § 2250 ; see also 42 U.S.C. § 16913 . He challenges the indictment and the constitutionality of SORNA. He also challenges his sentence on the basis that the district court erred in determining that he was a Tier III sex offender under SORNA and the Sentencing Guidelines. We affirm.

(1) Reyes rests the challenge to his conviction on three major footings, each of which has been washed away by our recent decision in United States v. George, 579 F.3d 962 (9th Cir.2009). That is, his claim that he could not be convicted pursuant to SORNA because the State of Washington had not yet implemented the SORNA registration requirements falls. Id. at 965 . So, too, does his vagueness claim. Id. at 965-66 . Finally, his claim that SORNA violates the Commerce Clause also collapses. Id. at 966-67 . Concomitantly, the indictment, which was in a form that we have approved of, sufficiently informed him of the charges against him. See id. at 967 ; see also United States v.…