Case: 10-50019 Document: 00511315551 Page: 1 Date Filed: 12/08/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 8, 2010 No. 10-50019 c/w No. 10-50024 Lyle W. Cayce Conference Calendar Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDWARD LEE KOCH, Defendant-Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 3:08-CR-3294-1 USDC No. 3:06-CR-237-1

Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:* Edward Lee Koch appeals from his conviction for failure to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16913, and from the resulting revocation of his supervised release on his November 2006 conviction for making a material false statement. His

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

Case: 10-50019 Document: 00511315551 Page: 2 Date Filed: 12/08/2010 No. 10-50019 c/w No. 10-50024 argument that § 16913 violates the Commerce Clause has been squarely rejected by this court. See United States v. Whaley, 577 F.3d 254, 258-61 (5th Cir. 2009).

AFFIRMED.