United States of America v. Robert F. Jernberg

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT F. JERNBERG,
Defendant - Appellant.
No. 08-30461
D.C. No. 1:05-cr-00007-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Robert F. Jernberg appeals from the district court’s imposition of a special
condition of supervised release requiring him to comply with the sex offender
registration requirements of the Sex Offender Registration and Notification Act
(“SORNA”), 42 U.S.C. § 16913. We have jurisdiction under 28 U.S.C. § 1291,
FILED
JUN 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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and we affirm.
Jernberg contends that the district court abused its discretion by imposing
the registration condition because Congress did not have the power to enact
SORNA’s registration requirements. This argument is foreclosed by recent
decisions of the Supreme Court and our court. See United States v. Kebodeaux,
133 S. Ct. 2496, 2500 (2013) (concluding that “the Necessary and Proper Clause
grants Congress adequate power to enact SORNA and to apply it” to a defendant
convicted of a federal sex crime who was subject to federal sex offender
registration requirements at the time of SORNA’s enactment in 2006); United
States v. Elk Shoulder, 738 F.3d 948, 959 (9th Cir. 2013), cert. denied, 134 S. Ct.
1920 (2014) (same). Accordingly, we reject Jernberg’s challenge to the mandatory
registration condition. See 18 U.S.C. § 3583(d); United States v. Becker, 682 F.3d
1210, 1212-13 (9th Cir. 2012).
AFFIRMED.
08-30461 2

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