No. 19-6039

Camilo Andres Landazuri Vargas v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-24
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: congress-powers-limits congressional-power criminal-law due-process fifth-amendment foreign-national international-law international-waters jurisdiction jurisdictional-element maritime-drug-law maritime-drug-law-enforcement-act maritime-law sixth-amendment statutory-interpretation united-states-constitution
Key Terms:
AdministrativeLaw DueProcess FifthAmendment
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the prosecution of Mr. Vargas - an Ecuadorian national with no ties to the United States - for trafficking controlled substances in international waters, exceeds Congress' enumerated powers

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW WHETHER THE PROSECUTION OF MR. VARGAS AN ECUADORIAN NATIONAL WITH NO TIES TO THE UNITED STATES — FOR TRAFFICKING CONTROLLED SUBSTANCES IN INTERNATIONAL WATERS, EXCEEDS CONGRESS’ ENUMERATED POWERS. WHETHER THE MARITIME DRUG LAW ENFORCEMENT ACT IS UNCONSTITUTIONAL BECAUSE THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT REQUIRES EVIDENCE THAT A NEXUS EXISTS BETWEEN THE ACTIONS OF A DEFENDANT AND THE UNITED STATES IN ORDER TO PROCEED WITH A PROSECUTION UNDER THE MARITIME DRUG LAW ENFORCEMENT ACT. WHETHER THE DUE PROCESS CLAUSE REQUIRES THAT JURISDICTION BE INCLUDED AS AN ELEMENT UNDER THE MARITIME DRUG LAW ENFORCEMENT ACT AND THAT IT BE PROVEN TO A JURY BEYOND A REASONABLE DOUBT IN ORDER TO COMPLY WITH THE PROTECTIONS OF THE FIFTH AND SIXTH AMENDMENTS. i INTERESTED PARTIES There are no

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Reply of petitioner Camilo Andres Landazuri Vargas filed.
2019-11-25
Brief of respondent United States of America in opposition filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
2019-10-16
Motion to extend the time to file a response from October 24, 2019 to November 25, 2019, submitted to The Clerk.
2019-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)

Attorneys

Camilo Andres Landazuri Vargas
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent