Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Van Buren

March 17, 2010

UNITED STATES OF AMERICA, APPELLEE,
v.
BARCLAY J. VAN BUREN, JR., DEFENDANT-APPELLANT.*FN1



SYLLABUS BY THE COURT

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 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-appellant appeals, arguing that the District Court erred in denying his motion to dismiss the indictment and erred in its instructions to the jury. In particular, defendant-appellant 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-appellant argues (4) that the District Court erred in instructing the jury about the scope of his duties under SORNA. For the reasons set forth below, the judgment of the District Court is AFFIRMED.

The opinion of the court was delivered by: Straub, Circuit Judge

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.

FACTUAL AND PROCEDURAL BACKGROUND

I. Defendant's Underlying Federal Sex Offense and Previous Violations of Supervised Release

On March 19, 2002, defendant pleaded guilty in the United States District Court for the Northern District of New York to receiving childpornography in violation of 18 U.S.C. § 2252A(a)(2)(A).As a consequence of that conviction, defendant was required to register as a sex offender in New York State, which he first did in June 2004.

While defendant was serving his three-year term of supervised release for his March 2002 federal sex offense conviction, he did not abide by the conditions of his supervised release and, as a result, was resentenced to six months of incarceration to be followed by a new term of thirty months of supervised release. While serving this new term of supervised release, defendant again violated the conditions of his supervised release, this time by failing to "refrain from places where individuals under the age of 18 are likely to congregate." Accordingly, on October 19, 2006, the District Court revoked defendant's term of supervised release and sentenced him to an additional twelve months of imprisonment, to be followed by a new term of eighteen months of supervised release.

II. Defendant's Failure to Update Registry and Subsequent Arrest

After being released from incarceration and beginning a third term of supervised release, defendant lived in the Dixie Hotel at 106 Henry Street, Binghamton, New York, which was his registered address in the New York sex offender registry.Home confinement was a condition of defendant's supervised release, and defendant was required to wear an electronic monitoring device and inform his probation officer of his movements. On February 20, 2008, defendant signed out of his residence and failed to return or contact his probation officer. On March 7, 2008, the United States Marshals Service filed a criminal complaint against defendant, alleging that he failed to register or update his registration information as required by SORNA, in violation of 18 U.S.C. § 2250. An arrest warrant issued, and law enforcement officers arrested defendant that night at his mother's residence in Burlington, North Carolina. At no time between February 20, 2008, and his arrest on March 7, 2008, did defendant update his residency information with the New York sex offender registry, nor did he register in North Carolina.

III. Indictment, Denial of Motion to Dismiss, and Jury Instruction

On April 17, 2008, an indictment returned in the United States District Court for the Northern District of New York charged that defendant, being "an individual required to register under [SORNA] by reason of his conviction under federal law, did travel in interstate commerce and did knowingly fail to register and update his registration as required by law," in violation of 18 U.S.C. § 2250(a).

Prior to trial, defendant moved to dismiss the indictment on various statutory and constitutional grounds. The District Court denied defendant's motion in a thorough decision filed on August 8, 2008. Pertinent to the present appeal, the District Court rejected defendant's arguments that SORNA (1) exceeds Congress's authority under the Commerce Clause, (2) violates the non-delegation doctrine, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.