USA v. Leefatinie Tirosh Cole, No. 20-11010 (11th Cir. 2020)
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Case: 20-11010 Date Filed: 10/01/2020 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________________ No. 20-11010 Non-Argument Calendar _____________________ D.C. Docket No. 1:19-cr-00069-LMM-JKL-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEEFATINIE TIROSH COLE, Defendant-Appellant. _____________________ Appeal from the United States District Court For the Northern District of Georgia _____________________ (October 1, 2020) Before MARTIN, JORDAN, and ROSENBAUM, Circuit Judges. PER CURIAM: Case: 20-11010 Date Filed: 10/01/2020 Page: 2 of 2 Leefatinie Cole appeals his conviction for failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act, 18 U.S.C. § 2250(a). We affirm. On appeal, Mr. Cole argues that Congress unconstitutionally delegated authority to the Attorney General to decide whether SORNA’S registration requirements apply to individuals like himself who were convicted of sex offenses before SORNA’s enactment in 2006. See 34 U.S.C. § 20913(d). That argument is foreclosed by the Supreme Court’s decision in Gundy v. United States, 139 S. Ct. 2116 (2019), which rejected an identical contention. See id. at 2121 (plurality opinion); id. at 2130-31 (Alito, J., concurring in the judgment). It is also foreclosed by our decision in United States v. Ambert, 561 F.3d 1202, 1213-14 (11th Cir. 2009). Given that four Justices in Gundy expressed doubt over the Court’s current non-delegation jurisprudence, Mr. Cole seeks to preserve his constitutional argument for future review. We understand, but are bound by Gundy and Ambert. AFFIRMED. 2
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