USA V. JAMES CARTER, No. 12-30105 (9th Cir. 2014)

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FILED NOV 24 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-30105 D.C. No. 3:11-cr-05428-BHS v. MEMORANDUM* JAMES LEROY CARTER, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding Submitted November 18, 2014** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges. James Leroy Carter appeals from the district court’s judgment and challenges his guilty-plea conviction for failure to register and update his sex offender registration under the Sex Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250(a). We have jurisdiction under 28 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1291. We review Carter’s challenge to the district court’s denial of his motion to dismiss the indictment de novo, see United States v. Cabrera-Gutierrez, 756 F.3d 1125, 1129 (9th Cir. 2014), cert. denied, 135 S. Ct. 124 (2014), and we affirm. Carter contends that Congress violated the non-delegation doctrine because it allows the Attorney General authority to legislate SORNA’s retroactive application. This contention is foreclosed. See United States v. Richardson, 754 F.3d 1143, 1146 (9th Cir. 2014) (per curiam) (“SORNA’s delegation of authority to the Attorney General to determine the applicability of SORNA’s registration requirements to pre-SORNA sex offenders is consistent with the requirements of the non-delegation doctrine.”). AFFIRMED. 2 12-30105

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