No. 22-6600

Eric Banks v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
IFP
Tags: circuit-split criminal-law criminal-procedure due-process federal-jurisdiction federal-prison jurisdictional-requirements statutory-interpretation territorial-jurisdiction
Key Terms:
Privacy
Latest Conference: 2023-05-25
Related Cases: 22-6587 (Vide)
Question Presented (AI Summary)

Whether the prosecution must show the facts required under 40 U.S.C. §3112(b) to establish territorial jurisdiction under 18 U.S.C. §7(3)

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Several federal criminal statutes only apply within the United States’s “special maritime and territorial jurisdiction,” including the assault statute at 18 U.S.C. §113(a). That limited jurisdiction includes land acquired by the United States from a state. See 18 U.S.C. §7(3). Section 3112(b) of Title 40 sets out requirements for a state to grant, and the federal government to accept, jurisdiction over such land, and §3112(c) says “[i]t is conclusively presumed that jurisdiction has not been accepted until the [federal] government accepts jurisdiction over land as provided in this section.” The question presented is whether the prosecution may establish territorial jurisdiction under 18 U.S.C. §7(3) merely by showing an offense occurred in a federal prison, as held in United States v. Read, 918 F.3d 712 (9" Cir. 2019), or must the prosecution show the facts required under 40 U.S.C. §3112(b), as held by the Second Circuit in United States v. Davis, 726 F.3d 357 (2° Cir. 2013), the Eighth Circuit in United States v. Love, 20 F.4th 407 (8" Cir. 2021), and every other circuit court to have addressed the issue? i

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-03-15
Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2023.
2023-03-13
Motion to extend the time to file a response from March 28, 2023 to April 21, 2023, submitted to The Clerk.
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2023.
2023-02-13
Motion to extend the time to file a response from February 22, 2023 to March 28, 2023, submitted to The Clerk.
2023-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

Eric Banks
Todd W. BurnsBurns & Cohan, Attorneys at Law, Petitioner
Todd W. BurnsBurns & Cohan, Attorneys at Law, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent