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Defendants in Dávila-Reyes petition for writ of certiorari to SCOTUS

Posted on Apr 20Apr 24 by Sean Gajewski

Set your WestLaw and Lexus alerts, folks! On March 4, 2024, the defendants in the Dávila-Reyes case made a bold move by filing a petition for a writ of certiorari to the Supreme Court of the United States. What’s at stake? The defendants want SCOTUS to answer the following:

Question I: Does the United States’ jurisdiction over a vessel under 46 U.S.C. § 70504(a) present a question of subject matter jurisdiction?

Question II: Do bedrock plea-bargain principles allow an appellate court to evade review of a constitutional jurisdiction question by allowing the Government to assert a fact-dependent basis of jurisdiction beyond the parties’ contemplation at the time the plea-bargain was struck? If not, must the court of appeals reinstate the now-vacated panel opinion holding that 46 U.S.C. § 70502(d)(1)(C) exceeds the scope of the Felonies Clause?

Now, the million-dollar question: will the Supreme Court certify? Stay tuned to MDLEA.com as we continue to follow the case!

Recent Blog Posts

  • The 5th Circuit Weighs in on Determining Jurisdiction Before Change of Plea
  • Florida Court Rules that MDLEA Can Snare Drug Traffickers Who Never Set Sail
  • Supreme Court Denies Davila-Reyes Defendants’ Petition
  • District of Puerto Rico Addresses Jurisdiction for a Third Time in U.S. v. Thomas Chalwell
  • Happy Fourth of July!

Latest Decisions

  • United States v. Velez-Acosta, No. 22-13528, 2024 WL 806537 (11th Cir. Feb. 27, 2024)
  • U.S. v. Osvaldo Gonzalez, No. 22-cr-20350-ALTMAN, 2023 WL 4580901 (S.D.Fla. July 18, 2023)
  • U.S. v. Barbosa-Rodriguez, — F.Supp.3d —-, 2023 WL 4230143 (D.P.R. June 28, 2023)
  • U.S. v. Mariani-Romero, et al., No. 22-313 (FAB), 2022 WL 20184569 (D.P.R. June 22, 2023)
  • U.S. v. Iona-Dejesus, No. 22-20473-CR, 2023 WL 3980082 (S.D. Fla. May 4, 2023)

Disclaimer

This blog is written by an attorney employed by the U.S. Government. However, all views expressed on this website are mine and should not be construed as the views of the U.S. Government, including the U.S. Coast Guard.

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