No. 23-6378

Gilmer Diaz-Jaramillo v. United States

Lower Court: First Circuit
Docketed: 2023-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-jurisdiction criminal-procedure define-and-punish-clause due-process felony-on-high-seas foreign-nationals interlocutory-review maritime-drug-enforcement maritime-law standing subject-matter-jurisdiction
Key Terms:
FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether denial of a pretrial challenge to the court's subject matter jurisdiction under the Maritime Drug Enforcement Law warrants interlocutory review

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether denial of a pretrial challenge to the court’s subject matter jurisdiction under the Maritime Drug Enforcement Law warrants interlocutory review since citizens of foreign states, don’t have to follow United States Laws and hence are effectively immune from criminal prosecution when they have not acted in contravention to United States interests or are present therein. Whether the Maritime Drug Enforcement Law is authorized under the Define and Punish Clause as a Felony on the High Seas, as per the meaning of that term of art in the Eighteen century when it was developed to encompass a particular set of criminal acts that was incidental to piratical conduct. 2

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-04
Waiver of right of respondent United States to respond filed.
2023-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Gilmer Diaz-Jaramillo
Julio Cesar Alejandro-SerranoJCAS Law, Petitioner
Julio Cesar Alejandro-SerranoJCAS Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent