United States v. Pendleton, No. 10-1755 (3d Cir. 2011)Annotate this Case
The defendant was convicted under 18 U.S.C. 2250 of traveling in interstate and foreign commerce, knowingly failing to register under the Sexual Offender Registration and Notification Act, (SORNA) 42 U.S.C. 16901. He admitted to his status as a sex offender and that he had traveled and was required to register, but disputed that he "resided" in Delaware and was required to register there. The defendant admitted that he had actually lived at an apartment in a Wilmington house, in addition to using the address for mail delivery, voter registration, and obtaining a passport and drivers license, although he apparently did not have a key and was rarely there. The defendant had fair notice of the requirements of federal law, which is not dependent on state law, despite the fact that Delaware law did not require registration. SORNA is a proper exercise of power under the Commerce Clause.