United States of America v. Timothy J. Sadlier

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TIMOTHY J. SADLIER,
Defendant - Appellant.
No. 11-30059
D.C. No. 2:10-cr-06025-RMP
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, Chief Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Timothy J. Sadlier appeals from the district court’s judgment and challenges
his guilty-plea conviction for failing to register as a sex offender under the Sex
Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C.
§ 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JUL 29 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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Sadlier contends that the district court should have dismissed the indictment
because neither Washington nor Tennessee, the states in which he resided, had
implemented SORNA at the time of his offense. This argument is foreclosed. See
United States v. Elkins, 683 F.3d 1039, 1046 (9th Cir. 2012) (enforcement of
SORNA is not dependent on a state’s implementation of the administrative portion
of SORNA).
Sadlier next argues that Congress lacked authority under the Commerce
Clause to enact SORNA and to compel his registration. This argument is also
foreclosed. See United States v. Cabrera-Gutierrez, No. 12-30233, 2014 WL
998173, at *3-4 (9th Cir. Mar. 17, 2014) (Congress had the authority under the
Commerce Clause to enact SORNA and punish a state sex offender who traveled in
interstate commerce for failing to register).
AFFIRMED.
11-30059 2

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