The opinion
Case: 13-30008 Document: 00512394649 Page: 1 Date Filed: 10/02/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 2, 2013
No. 13-30008
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSHUA SOUTHERLAND,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:12-CR-21-1
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Joshua Southerland pleaded guilty, pursuant to a plea agreement, to
failing to register as a sex offender under the Sex Offender Registration and
Notification Act (SORNA). Prior to his guilty plea, Southerland moved
unsuccessfully to dismiss his indictment on the ground that Congress improperly
delegated to the Attorney General the power to decide whether SORNA’s
registration requirements applied to sex offenders, like Southerland, who were
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-30008 Document: 00512394649 Page: 2 Date Filed: 10/02/2013
No. 13-30008
convicted before SORNA went into effect. In his plea agreement, Southerland
reserved the right to raise this issue on appeal.
We have addressed and rejected previous challenges to SORNA based on
the nondelegation doctrine. See United States v. Johnson, 632 F.3d 912, 917 (5th
Cir. 2011); United States v. Whaley, 577 F.3d 254, 262-64 (5th Cir. 2009).
Southerland recognizes our precedent, but urges that Reynolds v. United States,
132 S. Ct. 975 (2012), calls into question its continued applicability. Reynolds,
however, did not explicitly or implicitly overrule Johnson and Whaley;
accordingly, we are bound by those decisions. See United States v. Short, 181
F.3d 620, 624 (5th Cir. 1999).
The judgment of the district court is AFFIRMED.
2