After dishonorable discharge from the Air Force, Kebodeaux moved to Texas, where he registered with state authorities as a sex offender.

[2] Congress has the power to subject a federal sex offender to criminal penalties for failing to register or update said registration (18 U.S.C. § 2250(a)(2)(A)).

The appeals court's decision to reverse Kebodeaux's SORNA conviction was based on a mistake in applying pre-SORNA law.

[5] Additionally, the Attorney General did not adopt a regulations applying SORNA to pre-enactment offenders until after Kebodeaux's SORNA-related sentence expired.

[8] This was because the crime he committed under the Uniform Code of Military Justice had been designated by the Director of the Bureau of Prisons to fall under the Wetterling Act.

[9] Congress had the power under the Military Regulation and the Necessary and Proper Clauses to apply civil consequences to the UCMJ crime.

[10] Chief Justice Roberts wrote a concurrence where he argued that the Court's opinion, with its discussion of the public safety concerns addressed by SORNA, could lead "incautious readers" to surmise the Court was endorsing a non-existent federal police power, citing United States v.

In it, he argued that the fact that sex offenses under the UCMJ are usually only tried by military tribunals, convicted offenders might not register with the State in which they reside.