19-1895-cr United States v. Salvador Diaz UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2019 (Argued: June 24, 2020 Decided: July 22,2020) Docket No. 19-1895-cr UNITED STATES OF AMERICA, Appellee, v. SALVADOR DIAZ, Defendant-Appellant. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Before: CALABRESI, CHIN, and CARNEY, Circuit Judges. Appeal from a judgment of the United States District Court for the Southern District of New York (Caproni, J.) convicting defendant-appellant of failing to register as a sex offender under the Sex Offender Registration and Notification Act in violation of 18 U.S.C. § 2250(a). Defendant-appellant contends that the district court erred when it precluded him from collaterally attacking his predicate conviction, rejected his argument that the statute is unconstitutional, and denied his motion to dismiss for improper venue. AFFIRMED. Judge CALABRESI CONCURS in a separate opinion. DANIEL NESSIM, Assistant United States Attorney (Elinor Tarlow, David Abramowicz, Assistant United States Attorneys, on the brief), for Audrey Strauss, United States Attorney for the Southern District of New York, New York, New York, for Appellee. ROBIN C. SMITH (Leean Othman, on the brief), Law Office of Robin C. Smith, Esq., P.C., New York, New York, for Defendant-Appellant. PER CURIAM: Defendant-appellant Salvador Diaz appeals from a judgment of the district court entered June 26, 2019, following a jury trial, convicting him of failing to register as a sex offender under the Sex Offender Registration and 2 Notification Act ("SORNA"), 18 U.S.C. § 2250(a). He was sentenced principally to five years' probation, with the first three months to be served in home confinement. On appeal, Diaz challenges his conviction on the grounds that the district court erred when it precluded him from collaterally attacking his predicate conviction, rejected his argument that SORNA is unconstitutional, and denied his motion to dismiss for improper venue. For the reasons set forth below, we affirm the judgment of conviction. BACKGROUND On December 1, 2000, Diaz, then a chief petty officer in the United States Navy, was convicted by court-martial of three counts of rape and two counts of indecent acts, in violation of Articles 120 and 134 of the Uniform Code of Military Justice. He was sentenced to nine years' imprisonment and a dishonorable discharge. Diaz has since pursued several challenges to his convictions, all unsuccessfully. See, e.g., United States v. Diaz, 61 M.J. 594 (N-M. Ct. Crim. App. 2005) (appeal to the Navy-Marine Corps Court of Criminal Appeals); United States v. Diaz, 64 M.J. 180 (C.A.A.F. 2006) (appeal to the United States Court of Appeals for the Armed Forces); Diaz v. United States, 549 U.S. 1356 3 (2007) (petition for writ of certiorari to United States Supreme Court); Diaz v. Inch, No. 06-3306, 2007 WL 9754574 (D. Kan. Sept. 28, 2007) (habeas petition). Following his release from prison, Diaz registered as a sex offender in New York. Between 2014 and 2017, Diaz moved from New York to New Jersey and Virginia, but did not register in the latter two ...
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