No. 18-9328

Diego Portocarrero Valencia v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: confrontation-rights criminal-procedure drug-trafficking due-process high-seas-offense jurisdiction maritime-drug-law maritime-drug-law-enforcement-act maritime-law safety-valve sentencing stateless-vessel
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-12-06 (distributed 2 times)
Related Cases: 18-9263 (Vide)
Question Presented (AI Summary)

Is the Maritime Drug Law Enforcement Act (MDLEA) unconstitutional because no minimum contacts between the accused and the United States are required to establish jurisdiction and the MDLEA procedures, which preclude the jury's consideration of, and limit the accused's right to contest, jurisdiction over a purported 'stateless vessel,' violate the accused's fundamental due process and confrontation rights?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Is the Maritime Drug Law Enforcement Act (“(MDLEA”) unconstitutional because no minimum contacts between the accused and the United States are required to establish jurisdiction and the MDLEA procedures, which preclude the jury’s consideration of, and limit the accused’s right to contest, jurisdiction over a purported “stateless vessel,” violate the accused’s fundamental due process and confrontation rights? 2. Does denial of eligibility for safety valve relief under 18 U.S.C. § 3553(f) to defendants sentenced under 21 U.S.C. § 960(b) for high seas drug offenses result in irrationally severe punishment, particularly in light of the First Step Act amendments which suggest that any ambiguity relied on by some circuits to bar safety valve relief was likely misinterpreted? i INTERESTED PARTIES The parties interested in the proceeding other than those named in the caption of the appellate decision are the following co-petitioners seeking a writ of certiorari: Luis Felipe Valencia Henry Vazquez Valois ii

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-09-30
Brief of respondent United States in opposition filed.
2019-08-21
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
2019-08-20
Motion to extend the time to file a response from August 30, 2019 to September 30, 2019, submitted to The Clerk.
2019-07-31
Response Requested. (Due August 30, 2019)
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States to respond filed.
2019-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Diego Portocarrero
Richard C. Klugh Jr. — Petitioner
Richard C. Klugh Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent