No. 24-7231

Christian Leonardo Franco Posligua v. United States

Lower Court: Fifth Circuit
Docketed: 2025-05-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure drug-enforcement extraterritorial-statute guilty-plea maritime-law subject-matter-jurisdiction
Latest Conference: 2025-06-18
Question Presented (from Petition)

1. For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its "preliminary" determination of "jurisdiction", two years after the defendant entered his guilty plea, and a year and a half after the district court signed the defendant's written judgment?

2. For purposes of 46 U.S.C. § 70504(a), does the term "jurisdiction" refer to a district court's subject matter or jurisdiction, or does it instead refer to the extraterritorial reach of the statute?

Question Presented (AI Summary)

For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its 'preliminary' determination of 'jurisdiction' two years after the defendant entered his guilty plea?

Docket Entries

2025-06-23
Petition DENIED.
2025-06-04
DISTRIBUTED for Conference of 6/18/2025.
2025-05-30
Waiver of United States of right to respond submitted.
2025-05-30
Waiver of right of respondent United States to respond filed.
2025-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2025)

Attorneys

Christian Leonardo Franco Posligua
John Andrew KucheraAttorney at Law, Petitioner
United States
D. John SauerSolicitor General, Respondent