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Argued: September 14, 2009

Before: MINER, STRAUB, and WESLEY,Circuit Judges.

The government appeals from orders of the United States District Court for the Northern District of New York (Hurd, J.) dismissing the respective indictments of Appellees Jesus Manuel Guzman and David Hall (“Appellees”) pursuant to 18 U.S.C. § 2250(a) for traveling in interstate commerce and failing to register and update their sex offender registrations as required by the Sex Offender Registration and Notification Act (“SORNA” or “Act”). Although it rejected all of Appellees’ other challenges to SORNA, the district court held that the underlying registration requirements of 42 U.S.C. § 16913 exceed the authority of Congress to regulate interstate commerce. United States v. Hall, 577 F. Supp. 2d 610, 623 (N.D.N.Y. 2008); United States v. Guzman, 582 F. Supp. 2d 305, 312 (N.D.N.Y. 2008); United States v. Hall, 588 F. Supp. 2d 326, 329 (N.D.N.Y. 2008) (denying reconsideration). We consolidate these cases solely for the purposes of this appeal. We agree with the district court that Appellees’ other arguments in support of dismissal lack merit. However, we disagree with the district court’s holding that 42 U.S.C. § 16913 exceeds congressional power pursuant to the Commerce Clause of the United States Constitution and therefore reverse the rulings of the district court and reinstate the indictments.

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