USA v. Leefatinie Tirosh Cole

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 20-11010
Non-Argument Calendar
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D.C. Docket No. 1:19-cr-00069-LMM-JKL-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LEEFATINIE TIROSH COLE,

Defendant-Appellant.

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Appeal from the United States District Court
For the Northern District of Georgia
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(October 1, 2020)

Before MARTIN, JORDAN, and ROSENBAUM, Circuit Judges.

PER CURIAM:

Case: 20-11010 Date Filed: 10/01/2020 Page: 1 of 2

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Leefatinie Cole appeals his conviction for failing to register as a sex offender
in violation of the Sex Offender Registration and Notification Act, 18 U.S.C. §
2250(a). We affirm.
On appeal, Mr. Cole argues that Congress unconstitutionally delegated
authority to the Attorney General to decide whether SORNA’S registration
requirements apply to individuals like himself who were convicted of sex offenses
before SORNA’s enactment in 2006. See 34 U.S.C. § 20913(d). That argument is
foreclosed by the Supreme Court’s decision in Gundy v. United States, 139 S. Ct.
2116 (2019), which rejected an identical contention. See id. at 2121 (plurality
opinion); id. at 2130-31 (Alito, J., concurring in the judgment). It is also foreclosed
by our decision in United States v. Ambert, 561 F.3d 1202, 1213-14 (11th Cir. 2009).
Given that four Justices in Gundy expressed doubt over the Court’s current
non-delegation jurisprudence, Mr. Cole seeks to preserve his constitutional
argument for future review. We understand, but are bound by Gundy and Ambert.
AFFIRMED.

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