United States v. Robbins
729 F.3d 131
| 2d Cir. | 2013Background
- Robbins travelled from New York to Nevada in 2011 and failed to update his sex offender registration as required by SORNA.
- Robbins had a prior state sex-offender designation and registration compliance until 2011, with probation violations in 2010.
- He was indicted in the Northern District of New York for traveling in interstate commerce and knowingly failing to update registration under 18 U.S.C. § 2250(a).
- Robbins pled guilty to § 2250(a) but reserved the right to challenge SORNA’s constitutionality as applied to him.
- The district court denied his pretrial challenge; Robbins was sentenced to 30 months in prison.
- The court reviews the constitutionality of SORNA under the Commerce Clause, considering Guzman and NFIB after Robbins’ challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORNA is valid under the Commerce Clause as applied to Robbins | Robbins argues NFIB undermines Guzman’s scope of Commerce Clause power. | Guzman remains controlling; SORNA valid when tied to interstate travel. | SORNA constitutional as applied to Robbins |
| Does Guzman remain good law after NFIB regarding SORNA's reach? | NFIB casts doubt on Guzman’s reasoning about regulation of activity vs. inactivity. | Even if NFIB is considered, Robbins’ conduct and travel remain within Guzman’s rationale. | Guzman controls; SORNA valid as applied to Robbins |
| Does §2250(a) criminalize activity or inactivity in Robbins’ case? | The statute penalizes failure to register after travel, not travel itself. | The statute targets travel-related activity and the interstate-connection to registration. | §2250(a) regulates activity linked to interstate commerce |
Key Cases Cited
- Guzman, 591 F.3d 83 (2d Cir. 2010) (upholds §2250(a) and §16913 as valid Commerce Clause regulations)
- Weingarten, 632 F.3d 60 (2d Cir. 2011) (de novo review of constitutionality of SORNA provisions)
- Cabrera-Gutierrez, 718 F.3d 873 (9th Cir. 2013) (supports treating SORNA as regulating activity to some extent)
- Lopez, 514 U.S. 549 (U.S. 1995) (enumerated power categories for regulating interstate commerce)
- National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (U.S. 2012) (discussion of Commerce Clause scope that informs Guzman-based reasoning)