Jesus Salvador Gonzalez-Lunar v. United States
Privacy
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a defendant committed a covered offense 'while on board' a 'covered vessel'
QUESTION PRESENTED FOR REVIEW The question presented by this case is as follows: Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a defendant committed a covered offense “while on board” a “covered vessel,” as required by the plain language of 46 U.S.C. § 70503(a), or whether such temporal nexus is subsumed within the determination of what is a “covered vessel,” as held by the First Circuit in reliance on 46 U.S.C. §70504(a)’s delegation of jurisdictional questions to the district court?