Legal Opinion

United States v. Carel, Jr.

Court of Appeals for the Tenth Circuit

Decided December 30, 2011No. 10-1095PublishedCited by 35 opinions

1Opinion of the Court

MATHESON, Circuit Judge.

In 2010, Defendant-Appellant Franklin Carel, Jr., a federally adjudicated sex offender, was convicted of knowingly failing to update his sex offender registration as required by the Sex Offender Registration and Notification Act (“SORNA”). On appeal, he contends that SORNA’s sex offender registration provision, 42 U.S.C. § 16913, is unconstitutional. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we hold that as applied to Mr. Carel — a federal sex offender on supervised release— § 16913 is a constitutional exercise of Congress’s authority under the Necessary…

2Cases cited36 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. United States v. MorrisonSupreme Court of the United States · 2000
  3. United States v. DarbySupreme Court of the United States · 1941
  4. Gonzales v. RaichSupreme Court of the United States · 2005
  5. Katzenbach v. MorganSupreme Court of the United States · 1966

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3Cited by35 opinions

  1. United States v. Supreme Court of New MexicoCourt of Appeals for the Tenth Circuit · 2016
  2. United States v. WhiteCourt of Appeals for the Tenth Circuit · 2015
  3. United States v. Huitron-GuizarCourt of Appeals for the Tenth Circuit · 2012
  4. United States v. MorganCourt of Appeals for the Tenth Circuit · 2014
  5. People for the Ethical Treatment of Property Owners v. United States Fish & Wildlife ServiceCourt of Appeals for the Tenth Circuit · 2017

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