No. 19-8513

Edward Javier Catano Lopez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-05-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: drug-trafficking due-process extraterritorial-jurisdiction international-law maritime-drug-law maritime-law pinkerton-doctrine subject-matter-jurisdiction
Key Terms:
DueProcess Privacy
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Does due process require a nexus between the defendant and the United States under the Maritime Drug Law Enforcement Act?

Question Presented (OCR Extract)

Questions Presented 1. For purposes of the Maritime Drug Law Enforcement Act (““MDLEA”), does due process require a nexus between the defendant and the United States where the defendant is on board a foreign-flagged vessel but not a citizen of the nation whose flag is flying? 2. Does “jurisdiction”, as that term is used in § 70503(e)(1) of the MDLBA, refer to “subject matter jurisdiction” (a court’s legal power to adjudicate a case) or instead to “legislative jurisdiction” (valid exercise of legislative authority to criminalize specified extraterritorial conduct)? 3. Is drug-trafficking an offense against the “Law of nations”? 4. It is not reasonable for the United States to be able to prosecute drugtrafficking that occurs anywhere in the world absent some nexus between the defendant and the United States. 5. The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances does not provide notice to a citizen of Columbia (like Petitioner) that he can be haled into a United States district court to be prosecuted under the Pinkerton doctrine because international law does not universally recognize conspiratorial liability under the Pinkerton doctrine. i

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-27
Waiver of right of respondent United States to respond filed.
2020-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)

Attorneys

Edward Javier Catano Lopez
John Andrew KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent