United States v. Pedro Cabrera-Gutierrez

OPINION

CALLAHAN, Circuit Judge:

Pedro Cabrera-Gutierrez (“Cabrera”) appeals his conviction and sentence for failing to register under the Sex Offender Registration and Notification Act (“SOR-NA”). On appeal he advances two arguments. First, he asserts that Congress lacked authority under the Commerce Clause to compel his registration as a sex offender. Second, he contends that he should have been sentenced as a Tier I, rather than a Tier III, sex offender. We hold that Congress has authority under the Commerce Clause to compel Cabrera, a convicted sex offender who traveled interstate, to…