US v. Fred Davis, No. 14-4285 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4285 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRED LAWRENCE DAVIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:12-cr-00060-D-1) Submitted: November 18, 2014 Decided: November 20, 2014 Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Eric J. Brignac, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: This appeal is before resentencing after remand. his conviction for this court following Fred Lawrence Davis now challenges failing to register and update his registration as required by the Sex Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250(a) (2012). Davis argues that Congress exceeded its authority under the Commerce Clause when it enacted SORNA. As Davis concedes, his argument is foreclosed by our decision in United States v. Gould, 568 F.3d 459, 470-75 (4th Cir. 2009). Because “a panel of this court cannot overrule, explicitly or implicitly, the precedent set by a prior panel of this court,” United States v. Rivers, 595 quotation F.3d marks 558, and 564 n.3 alteration (4th Cir. omitted), 2010) we (internal conclude that Davis’s challenge to the constitutionality of SORNA must fail. Accordingly, we affirm the district court’s judgment. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. AFFIRMED 2