No. 19-6896

Jeffrey Antonio v. United States

Lower Court: Tenth Circuit
Docketed: 2019-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: congressional-action criminal-jurisdiction criminal-procedure due-process federal-criminal-jurisdiction federal-jurisdiction jurisdictional-element jury-determination land-claims preliminary-finding pueblo-lands pueblo-lands-act statutory-interpretation sufficiency-of-the-evidence
Latest Conference: 2020-01-10
Question Presented (from Petition)

I. Whether, when Congress relinquished all federal claims and extinguished all interest of the Pueblo of Sandia in privately held lands within pueblo boundaries, it terminated the basis for exercise of federal criminal jurisdiction and thereby "otherwise provided" within the meaning of the 2005 Pueblo Lands Act Amendment?

II. Whether the jurisdictional element of a charged crime is adequately proved by a district court "preliminary finding" that it has jurisdiction and a jury determination that the offense happened at a particular location.

Question Presented (AI Summary)

Whether the federal criminal jurisdiction over the Pueblo of Sandia lands was terminated by the 2005 Pueblo Lands Act Amendment

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-17
Waiver of right of respondent United States of America to respond filed.
2019-12-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2020)

Attorneys

Jeffrey Antonio
Irma RivasFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent