U.S. Court of Appeals for the Fifth Circuit, 2009

United States v. Oscar Puente

United States v. Oscar Puente
U.S. Court of Appeals for the Fifth Circuit · Decided October 14, 2009 · King, Barksdale, Garza
348 F. App'x 76

United States v. Oscar Puente

Opinion

PER CURIAM: *

Oscar Alvarez Puente appeals his guilty-plea conviction for failing to comply with *77 the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16913, a violation of 18 U.S.C. § 2250(a). As he did in district court in moving to dismiss the indictment, Puente contends: his conviction violates his due process rights because he did not have notice of SORNA’s requirements; and, his lack of notice shows he could not have knowingly violated SOR-NA.

In United States v. Whaley, 577 F.3d 254, 261-62 (5th Cir. 2009), our court rejected a similar challenge to lack of notice; we joined several other circuits in holding: “notice of a duty to register under state law is sufficient to satisfy the Due Process Clause”. We discern no reason to reach a different result in this case.

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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