United States v. Pedro Cabrera-Gutierrez
2013 U.S. App. LEXIS 11111
| 9th Cir. | 2013Background
- Cabrera-Gutierrez was convicted in Oregon of second-degree sexual assault and ordered to register as a sex offender.
- His guilty plea admitted that the victim was intoxicated and under 18 at the time of the offense.
- Upon release in 2000, Cabrera was advised to register and subsequently returned to Mexico.
- In 2012, Cabrera was arrested in Washington for failing to register under SORNA after traveling interstate.
- The district court denied a motion to dismiss Congress’s authority under the Commerce Clause; Cabrera entered a conditional guilty plea preserving appellate review.
- The PSR listed Cabrera as a Tier III offender based on his prior conviction and plea admission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Congress had Commerce Clause authority to require SORNA registration | Cabrera argues SORNA targets inactivity and exceeds commerce power | Government maintains SORNA falls within channels/instrumentalities of interstate commerce and related activities | Yes; Congress has Commerce Clause authority to enact SORNA. |
| Whether Cabrera’s plea and Oregon conviction support Tier III classification | Cabrera contends plea did not admit to federal sexual-abuse element | Plea admitted victim’s incapacity due to intoxication, aligning with §2242 sexual abuse | Tier III classification valid under modified categorical approach. |
| Whether the modified categorical approach was properly applied to the state conviction | Cabrera argues the approach limits to admitted facts | Court may rely on plea document and record to classify the offense | Application proper; plea document suffices to render Tier III. |
Key Cases Cited
- United States v. Lopez, 514 U.S. 549 (1995) (three categories of commerce power regulation acknowledged by Supreme Court)
- Carr v. United States, 130 S. Ct. 2229 (2010) (SORNA integrated in broader statutory scheme addressing missing offenders)
- United States v. George, 625 F.3d 1124 (9th Cir. 2010) (upheld SORNA under Commerce Clause authority (vacated on other grounds))
- United States v. Guzman, 591 F.3d 83 (9th Cir. 2010) (upheld §2250 as valid under Commerce Clause)
- United States v. Elk Shoulder, 696 F.3d 922 (9th Cir. 2012) (reaffirmed Necessary and Proper Clause authority for SORNA)