No. 23-6240

Jesus Salvador Gonzalez-Lunar v. United States

Lower Court: First Circuit
Docketed: 2023-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-interpretation covered-vessel criminal-procedure due-process jurisdictional-determination jury-trial maritime-law proof-beyond-reasonable-doubt sentencing statutory-interpretation
Latest Conference: 2024-01-19
Question Presented (from Petition)

Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a defendant committed a covered offense "while on board" a "covered vessel," as required by the plain language of 46 U.S.C. § 70503(a), or whether such temporal nexus is subsumed within the determination of what is a "covered vessel," as held by the First Circuit in reliance on 46 U.S.C. §70504(a)'s delegation of jurisdictional questions to the district court?

Question Presented (AI Summary)

Whether the Constitution requires a jury trial and proof beyond a reasonable doubt, or an adequate factual basis during a guilty plea, to find that a defendant committed a covered offense 'while on board' a 'covered vessel'

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States to respond filed.
2023-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2024)

Attorneys

Jesus Salvador Gonzalez-Lunar
Virginia Guadalupe VillaLaw Office of Virginia G. Villa, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent