United States v. Parks, No. 11-1194 (1st Cir. 2012)Annotate this Case
Appellant was convicted for traveling in interstate commerce and then knowingly failing to update his sex offender registration at his destination as required by the Sex Offender Registration and Notification Act (SORNA). The district court sentenced Appellant to thirty-five months' imprisonment consecutive to his state sentence for violating probation by failing to update his Massachusetts sex offender registration. Appellant appealed his conviction and sentence, arguing, inter alia, that SORNA's registration requirements impermissibly increased his punishment for his earlier sexual offenses. SORNA was enacted in 2006. Appellant's previous offenses took place in 1990 and 1996. The First Circuit Court of Appeals affirmed, holding (1) SORNA does not violate the Ex Post Facto Clause; (2) SORNA does not reach beyond the limits of Congress' power under the Commerce Clause; (3) SORNA as applied to Appellant did not violate Appellant's due process rights; and (4) the district court did not abuse its discretion in deciding to make Appellant's sentence consecutive to, rather than concurrent with, his thirty-month sentence.
The court issued a subsequent related opinion or order on November 20, 2012.