United States v. Pedro Cabrera-Gutierrez

Pedro Cabrera-Gutierrez (“Cabrera”) appeals his conviction and sentence for failing to register under the Sex Offender Registration and Notification Act (“SOR-NA”). 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. We hold that Congress has authority under the Commerce Clause to compel Cabrera, a convicted sex offender who traveled interstate, to register under SORNA. We also hold that under the modified categorical approach, Cabrera’s plea to the state charge of sexual abuse rendered him a Tier III sex offender. Accordingly, we affirm Cabrera’s conviction and sentence.

I

Cabrera was born in Mexico and has been removed from the United States several times. In 1998, Cabrera was convicted in Oregon of second degree sexual assault. In his guilty plea statement, Cabrera admitted:

Cabrera was sentenced to 36 months’ imprisonment and required to register as a sex offender. When Cabrera was released from custody in September 2000, he was advised of his…