No. 18-5702

Miguel Angel Mejia v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
IFP
Tags: article-iii article-three drug-enforcement executive-power jury-trial maritime-drug-law-enforcement-act maritime-law sixth-amendment subject-matter-jurisdiction
Key Terms:
CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Does the MDLEA violate Article III and the Sixth Amendment right to a jury trial by giving dispositive weight to the Executive Branch's assertion that jurisdiction exists?

Question Presented (OCR Extract)

Question Presented The parties to a case cannot manufacture federal subject-matter jurisdiction by stipulation. Nonetheless, the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70501 et seq., purports to give the Executive Branch the power to “conclusively” determine that federal jurisdiction exists over a prosecution based on assumed, rather than established, facts. Does the MDLEA violate Article III and the Sixth Amendment right to a jury trial by giving dispositive weight to the Executive Branch’s assertion that jurisdiction exists? ii

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-08
Reply of petitioner Miguel A. Mejia filed. (Distributed)
2018-10-22
Brief of respondent United States in opposition filed.
2018-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
2018-09-11
Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Miguel A. Mejia
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent