United States v. Jernberg

Full title: UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT F. JERNBERG…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 27, 2014

581 F. App'x 622 (9th Cir. 2014)

Opinion

Submitted June 25, 2014 ^**

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of Montana. D.C. No. 1:05-cr-00007-RFC. Richard F. Cebull, District Judge, Presiding.

For United States of America, Plaintiff - Appellee: Leif Johnson, Assistant U.S. Attorney, Usbi - Office of The U.S. Attorney, Billings, MT.

For Robert F. Jernberg, Defendant - Appellant: Mark S. Werner, Assistant Federal Public Defender, Fdmt - Federal Defenders of Montana (Billings), Billings, MT.

Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Robert F. Jernberg appeals from the district court's imposition of a special condition of supervised release requiring him to comply with the sex offender registration requirements of the Sex Offender Registration and Notification Act (" SORNA" ), 42 U.S.C. § 16913. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Jernberg contends that the district court abused its discretion by imposing the registration condition because Congress did not have the power to enact SORNA's registration requirements. This argument is foreclosed by recent decisions of the Supreme Court and our court. See United States v. Kebodeaux, 133 S.Ct. 2496, 2500, 186 L.Ed.2d 540 (2013) (concluding that " the Necessary and Proper Clause grants Congress adequate power to enact SORNA and to apply it" to a defendant convicted of a federal sex crime who was subject to federal sex offender registration requirements at the time of SORNA's enactment in 2006); United States v. Elk Shoulder, 738 F.3d 948, 959 (9th Cir. 2013), cert. denied, 134 S.Ct. 1920, 188 L.Ed.2d 944 (2014) (same). Accordingly, we reject Jernberg's challenge to the mandatory registration condition. See 18 U.S.C. § 3583(d); United States v. Becker, 682 F.3d 1210, 1212-13 (9th Cir. 2012).

AFFIRMED.