USA v. Cedric Binion

Filing

UNPUBLISHED OPINION FILED. [10-50050 Affirmed ] Judge: EGJ , Judge: EMG , Judge: CES Mandate pull date is 10/14/2010 for Appellant Cedric Binion [10-50050]

USA v. Cedric Binion

Doc. 0

Case: 10-50050

Document: 00511242113

Page: 1

Date Filed: 09/23/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-50050 S u m m a r y Calendar September 23, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. C E D R I C BINION, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 3:09-CR-2062-1

B e fo r e JOLLY, GARZA and STEWART, Circuit Judges. P E R CURIAM:* F o llo w in g a bench trial on stipulated facts, Cedric Binion was convicted of o n e charge of failing to register as a sex offender and was sentenced to serve 3 0 months in prison. We are now presented with Binion's challenge to this c o n v ic tio n . His first argument is that the evidence adduced at trial was

in s u ffic ie n t to convict him of knowingly failing to register in accordance with Sex O ffe n d e r Registration and Notification Act. This argument is substantially s im ila r to others that we have rejected in the past and is unavailing. See United
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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Dockets.Justia.com

Case: 10-50050

Document: 00511242113 Page: 2 No. 10-50050

Date Filed: 09/23/2010

S ta te s v. Whaley, 577 F.3d 254, 262 and n.6 (5th Cir. 2009); see also United S ta te s v. Heth, 596 F.3d 255, 258 (5th Cir. 2010). Binion's Commerce Clause and D u e Process arguments are, as he concedes, foreclosed. See Heth, 596 F.3d at 2 5 9 -6 0 ; Whaley, 577 F.3d at 258-62. The judgment of the district court is A F F IR M E D .

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