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United States v. Lamere

December 15, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMIE LAMERE, DEFENDANT.



Gary L. Sharpe U.S. District Judge

DECISION AND ORDER

Jamie Lamere ("Lamere") has moved to dismiss his indictment for failing to register or update his registration as a sex offender in violation of 18 U.S.C. § 2250, as required by the Sex Offender Registration and Notification Act ("SORNA"), 42 U.S.C. § 16901 et seq. Following review of Lamere's motion, brief in support thereof, the government's response, and the record on the matter, the court denies Lemere's motion.

BACKGROUND

None of the issues in Lamere's motion to dismiss involve factual disputes. Rather, the issues raised by Lamere are constitutional challenges to SORNA's applicability. Thus, the court briefly discusses the facts in this case. On October 24, 2000, Lamere pled guilty to rape in the first degree and to rape in the third degree under New York law. (Lamere's brief at p. 1; Dkt. No. 13.) Lamere was sentenced to 6 to 12 years imprisonment and 11/2 to 3 years imprisonment, respectively. (Id.) Lamere, as required by state law, registered as a sex offender on April 7, 2008. (Id.) However, sometime thereafter, Lamere moved or traveled to the state of Washington and was arrested for failure to comply with SORNA requirements. (Id.) After being returned to New York, Lamere pled guilty to an indictment charging him with failing to comply with SORNA's registration requirements. (Dkt. No. 9.)

After pleading guilty, Lamere filed a motion to dismiss the indictment, challenging SORNA's constitutionality. (Dkt. No. 13.) Lamere contends, among other things, that the application of SORNA violates: (1) the Ex Post Facto and Due Process Clauses, (2) the Commerce Clause, (3) the Tenth Amendment, and (4) the non-delegation doctrine. (Id.) Lamere, however, requests that this court leave his current plea agreement in place in the event the court denies his motion. (Dkt. No. 12) The government opposes Lamere's motion.

DISCUSSION

SORNA provides in pertinent part:

(a) In General

A sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of his residence.

(b) Initial Registration

The sex offender shall initially register-(1) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or (2) no later than 3 business days after being sentenced for that offense if the sex offender is not sentenced to a term of imprisonment.

(c) Keeping the Registration Current

A sex offender shall, not later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least 1 jurisdiction involved pursuant to subsection (a) . . . and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry. That jurisdiction shall immediately provide that information to all other jurisdictions in which the offender is required to register.

(d) Initial Registration of Sex Offenders Unable to Comply with Subsection (b) of this Section

The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before July 27, 2006 [the enactment of this Act] or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders and for the other ...


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