No. 25-5584

Virgilio Valencia-Gamboa v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: congressional-power criminal-jurisdiction define-and-punish-clause extraterritorial-jurisdiction international-law maritime-drug-law
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-10-17
Question Presented (AI Summary)

Are Congress's powers under the Define and Punish Clause inherently limited by international law, and does the Maritime Drug Law Enforcement Act exceed Congress's jurisdictional authority over foreign nationals for extraterritorial crimes?

Question Presented (OCR Extract)

Article I, Section 8, Clause 10 of the United States Constitution empowers Congress “[t]o define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.” The Questions Presented are: 1. Are Congress’s powers under the Define and Punish Clause inherently limited by international law? 2. Does 46 U.S.C. § 70502(d)(1)(C) of the Maritime Drug Law Enforcement Act exceed Congress’s powers by authorizing the United States to assert jurisdiction over foreign nationals for wholly foreign, extraterritorial crimes, in violation of international law? 1 This petition presents two of the three issues presented in Canario -Vilomar v. United States , No. 25 5506.

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-25
Waiver of United States of right to respond submitted.
2025-09-25
Waiver of right of respondent United States to respond filed.
2025-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Virgilio Valencia Gamboa
Danielle MussselmanFederal Public Defender Florida Middle, Petitioner
Danielle MussselmanFederal Public Defender Florida Middle, Petitioner