No. 23-6971

Steven Antonius, aka Sealed Defendant 1, Shervington Lovell, aka Sealed Defendant 1, and Argemiro Zapata-Castro, aka Sealed Defendant 1 v. United States

Lower Court: Second Circuit
Docketed: 2024-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-i-section-8-clause-10 criminal-prosecution due-process extraterritorial-jurisdiction fifth-amendment-due-process maritime-drug-law maritime-drug-law-enforcement-act originalism protective-principle universal-jurisdiction
Key Terms:
AdministrativeLaw DueProcess FifthAmendment SecondAmendment Privacy
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Whether the Maritime Drug Law Enforcement Act expands federal criminal jurisdiction beyond what was permitted at the Constitution's ratification and is an improper expansion of 'universal jurisdiction'

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. §§ 70503(a)(1) and 70506, expands federal criminal jurisdiction beyond what would have been permitted when the Constitution was ratified and is an improper expansion of “universal jurisdiction.” 2. Whether Article I, Section 8, Clause 10 of the United States Constitution authorizes, or the Fifth Amendment's Due Process Clause prohibits, federal criminal prosecution of a foreign national, arrested in a foreign country, for conduct that lacks any nexus with the United States.

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-18
Waiver of right of respondent United States to respond filed.
2024-03-11
2024-01-05
Application (23A619) granted by Justice Sotomayor extending the time to file until March 11, 2024.
2023-12-30
Application (23A619) to extend the time to file a petition for a writ of certiorari from January 10, 2024 to March 10, 2024, submitted to Justice Sotomayor.

Attorneys

Steven Antonius, et al.
Jill R. ShellowLaw Offices of Jill R. Shellow, Petitioner
Jill R. ShellowLaw Offices of Jill R. Shellow, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent