United States v. Dodson ( 2019 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT August 14, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 19-3098
(D.C. No. 2:18-CR-20048-DDC-1)
ALLEN DODSON, (D. Kan.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.
_________________________________
This panel has determined unanimously that oral argument would not
materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2);
10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
This matter comes on for consideration of the parties’ Joint Motion for
Summary Disposition. Upon consideration thereof, the motion is granted and the
district court’s judgment is affirmed.
The defendant was convicted, following the entry of a conditional guilty plea,
of failure to register as a sex offender, in violation of the Sex Offender Registration
*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
and Notification Act (“SORNA”), 18 U.S.C. § 2250. He was sentenced to 10 months’
incarceration plus five years of supervised release.
On appeal, the only argument the defendant presents is that application of
SORNA to him, a pre-act offender, violates the nondelegation doctrine. This court
has rejected that argument in United States v. Nichols, 775 F.3d 1225, 1230-31 (10th
Cir. 2014), rev’d on other grounds sub nom. Nichols v. United States, 136 S. Ct. 1113
(2016). See also Gundy v. United States, 139 S. Ct. 2116 (2019).
Accordingly, the judgment of the district court is AFFIRMED. The mandate
shall issue forthwith.
Entered for the Court
Per Curiam
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