No. 23-6240

Jesus Salvador Gonzalez-Lunar v. United States

Lower Court: First Circuit
Docketed: 2023-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-interpretation covered-vessel criminal-procedure due-process jurisdictional-determination jury-trial maritime-law proof-beyond-reasonable-doubt sentencing statutory-interpretation
Key Terms:
Privacy
Latest Conference: 2024-01-19
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States to respond filed.
2023-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2024)

Attorneys

Jesus Salvador Gonzalez-Lunar
Virginia Guadalupe VillaLaw Office of Virginia G. Villa, Petitioner
Virginia Guadalupe VillaLaw Office of Virginia G. Villa, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent