No. 19-6084

Jair Mendoza Montoya v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals-court constitutional-power criminal-jurisdiction criminal-jurisdiction-territorial-principle-extrat district-court drug-enforcement extraterritorial-effect international-waters maritime-jurisdiction nicaragua-international-waters statutory-interpretation territorial-principle
Latest Conference: 2019-11-01
Question Presented (from Petition)

(1.)Was the criminal jurisdiction of the United States based
upon territorial principle, and unlawfully conferred to the
U.S.A. by implication given to extraterritorial effect. Both the
District Court & Appeals Court[s] err in opining that the VESSEL
Petitoner was seized from, was not subject to the jurisdiction of
the U.S.A. , and because criminal jurisdiction of the U.S.A. is
wholly statutory & without standing in another sovereignty, as in
Nicaragua Central America international water jurisdiction?

(2.)The VESSEL (a) Sea Petitioner was abord, in the CourtEs]
subject to the jurisdiction of Nicaraguan
International CodeEs], and therefore not the jurisdiction of the
United States of American Statutory lawEs], including Title 46 §
70503(a) OR § 70506(a), exceeding the powers of Congress under
the Federal Constitution (a) Art. I. Section
hereafter then causing Montoya's judgment & sentence invalid?error , was
8, 10. & Clause

(3.)Because the subject VESSEL was not from the registry of the
U.S.A., nor any of the territories therefrom, the Congress was
without POWER, to kidnap Montoya from an international vessel, to
thereafter be punished by Maritime Drug LawEs], as that
enforcement ACT was unconstitutional in the Nicaraguan Waters?

(4.)The U.S. District Court, as well the U.S.A. Court of
APPEAL'S for the Eleventh Circuit, both knew, or should have
known there cannot be jurisdiction to hold Maritime Drug Law
Enforcement Act, of Title 46 U.S.C.A., but refused to allow
Counselor Victor Daniel Martinez, argue for an acguittal, when
Petitoner explained the vessel was in international Waters?

Question Presented (AI Summary)

Was the criminal jurisdiction of the United States based upon territorial principle, and unlawfully conferred to the U.S.A. by implication given to extraterritorial effect

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-07
Waiver of right of respondent United States to respond filed.
2019-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Jair M. Montoya
Jair Mendoza Montoya — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent