No. 20-7900

Monique A. Lozoya v. United States

Lower Court: Ninth Circuit
Docketed: 2021-04-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: aircraft-crime airspace aviation constitutional-interpretation constitutional-law criminal-jurisdiction criminal-procedure federal-jurisdiction federal-prosecution trial-procedure venue venue-statute
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Is the airspace above a State part of that State, for purposes of the Constitution's provisions permitting venue only in the State and district where a crime was committed?

Question Presented (from Petition)

Questions Presented 1. Is the airspace above a State part of that State, and thus the federal district or districts including that State, for purposes of the Constitution’s provisions permitting venue only in the State and district where a crime was committed? 2. For crimes committed on aircraft within domestic U.S. airspace, do the Constitution and 18 U.S.C. §§ 3237 and 3238 permit venue in the district where the plane lands, regardless of where the plane was when the crime was committed? 3. When the government fails to meet its trial burden to prove venue in the district where the trial occurs, is the remedy a judgment of acquittal or only dismissal without prejudice to refiling in the proper district? ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-19
Reply of petitioner Monique Lozoya filed.
2021-08-09
Brief of respondent United States of America in opposition filed.
2021-06-23
Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2021.
2021-06-22
Motion to extend the time to file a response from July 8, 2021 to August 9, 2021, submitted to The Clerk.
2021-06-08
Response Requested. (Due July 8, 2021)
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-21
Waiver of right of respondent United States to respond filed.
2021-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)

Attorneys

Monique Lozoya
James H. LocklinFederal Public Defender, Petitioner
James H. LocklinFederal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent