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United States v. Van Buren

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Argued: January 22, 2010

Before: WALKER, STRAUB, and LIVINGSTON, Circuit Judges.

The United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge) entered a judgment of conviction and sentence against defendant-appellant Barclay J. Van Buren, Jr., after a jury found him guilty of failing to comply with the requirements of the Sex Offender Registration and Notification Act (“SORNA”), 18 U.S.C. § 2250 and 42 U.S.C. § 16901 et seq. Defendant appeals, arguing that the District Court erred in denying his motion to dismiss the indictment and erred in its instructions to the jury. More specifically, defendant argues that his indictment should have been dismissed for the following reasons: (1) SORNA exceeds Congress’s Commerce Clause authority; (2) SORNA impermissibly delegates legislative authority to the executive branch; and (3) SORNA should not apply to him because the states in which he traveled and resided have not yet implemented SORNA. In addition, defendant argues that (4) the District Court erred in instructing the jury about the scope of his duties under SORNA. For the reasons set forth below, we reject all four of defendant’s arguments.

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