No. 19-6268

Isabel Yero Grimon v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii article-three-courts burden-of-proof federal-jurisdiction indictment indictment-validity judicial-precedent limited-jurisdiction subject-matter-jurisdiction
Key Terms:
Privacy
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Did the Eleventh Circuit err in holding that federal jurisdiction is conclusively established whenever an indictment alleges a federal crime?

Question Presented (OCR Extract)

Question Presented . ' Inabroad opinion that conflicts with other appellate precedents and with the bedrock . constitutional principle of limited federal jurisdiction, the circuit. court held that a federal indictment conclusively establishes federal subject-matter jurisdiction to convict and sentence a defendant: “[I]f an indictment itself alleges a violation of a valid federal statute, the district court has subject matter jurisdiction over that case.” United States v. Yero Grimon, 923 F.3d . , 1302, 1805 (CA11 2019). The published opinion held that federal courts have jurisdiction despite there being no evidence that the crime charged implicated was vequired for the district court to exercise subject matter jurisdiction over Grimon’s case "was an indictment charging her with a violation of a valid federal law... .” Id. at 1806. This holding is incompatible with the Article ILI principle that, because federal courts have only limited jurisdiction, there is a presumption against its existence and the party invoking that jurisdiction has the burden of proving, not merely alleging, that it exists. | Did the Eleventh Circuit err in holding that federal jurisdiction is conclusively ; established whenever an indictment alleges a federal crime? : .

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-23
Waiver of right of respondent United States of America to respond filed.
2019-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2019)

Attorneys

Isabel Yero Grimon
Ricardo J. BascuasUniversity of Miami School of Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent