No. 20-5087

Italo Ebaristo Napa Moreira v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-16
Status: Denied
Type: IFP
IFP
Tags: constitutional-challenge due-process johnson jurisdiction maritime-drug-law maritime-drug-law-enforcement-act miranda prosecutorial-discretion stateless-vessel
Latest Conference: 2020-10-16
Question Presented (from Petition)

I. Whether the MDLEA is unconstitutional because the Government is not required to prove any "minimum contacts" or "nexus" between a defendant and the United States to establish jurisdiction over the cause.

2. Whether the MDLEA Violates Due Process Because It Does Not Comply With Miranda and Johnson In The Prosecution Of A Defendant Aboard a "Stateless Vessel" Under 46 U.S.C. § 70502(d)(1)(B).

Question Presented (AI Summary)

Whether the MDLEA is unconstitutional due to lack of minimum-contacts or nexus requirement

Docket Entries

2020-10-19
Petition DENIED.
2020-10-13
Supplemental brief of petitioner Italo Moreira submitted.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-18
Reply of petitioner Italo Moreira filed.
2020-09-16
Brief of respondent United States in opposition filed.
2020-08-13
Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020.
2020-08-12
Motion to extend the time to file a response from August 17, 2020 to September 16, 2020, submitted to The Clerk.
2020-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2020)

Attorneys

Italo Moreira
Martin A. Feigenbaum — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent