UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
v.
EDWARD MYERS, DEFENDANT-APPELLEE
PER CURIAM: The Government appeals the district court’s order dismissing an indictment that charged Edward Myers with traveling in interstate commerce and failing to register as sex offender as required by the Sex Offender Registration and Notification Act (SORNA), in violation of 18 U.S.C. § 2250(a).
The district court concluded that both § 2250 and SORNA’s sex-offender registration requirements found in 42 U.S.C. § 16913 exceeded Congress’s authority under the Commerce Clause. United States v. Myers, 591 F. Supp. 2d 1312, 1316 (S.D.Fla.2008).
We recently upheld against a Commerce Clause challenge both the failure-to-register offense in 18 U.S.C. § 2250(a) and the registration requirements in 42 U.S.C. § 16913. See United States v. Ambert, 561 F. 3d 1202, 1210-12 (11th Cir.2009).
Myers concedes that the district court’s order dismissing the indictment is contrary to Ambert but challenges the reasoning of that panel’s decision on appeal. We are bound by that decision unless overruled by the Supreme Court or this Court sitting en banc. See United States v. Vega-Castillo, 540 F. 3d 1235, 1236 (11th Cir.2008).
Accordingly, we vacate the district court’s order and remand for reinstatement of the indictment. See United States v. Powers, 562 F. 3d 1342, 1344 (11th Cir.2009). VACATED AND REMANDED. . We have denied Myers' petition for an initial hearing en banc.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Brown, 586 F.3d 1342 (11th Cir. 2009)…ely to him in Ambert, 561 F. 3d at 1210-12, but he raises the issues to preserve them for future certiorari or collateral review. “We are bound by [Ambert] unless overruled by the Supreme Court or this Court sitting en banc.” United States v. Myers, 584 F. 3d 1349 No. 09-10228, 2009 WL 3270005, at *1 (11th Cir. Oct. 13, 2009). Accordingly, Ambert controls. III. CONCLUSION In summary, we find that the district court did not commit plain error during the plea colloquy when it mistakenly informed Brown of his…
Authorities Cited
- United States v. Vega-Castillo, 540 F.3d 1235 (11th Cir. 2008)
- United States v. Ambert, 561 F.3d 1202 (11th Cir. 2009)
- United States v. Powers, 562 F.3d 1342 (11th Cir. 2009)
- United States v. Myers, 591 F. Supp. 2d 1312 (S.D. Fla. 2008)