Supreme Court of the United States · Official docket →
Monique A. Lozoya v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 17-50336 · judgment December 3, 2020
Questions presented
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Is the airspace above a State part of that State, and thus the federal district or districts including that State, for purposes of the Constitution’s provisions permitting venue only in the State and district where a crime was committed?
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For crimes committed on aircraft within domestic U.S. airspace, do the Constitution and 18 U.S.C. §§ 3237 and 3238 permit venue in the district where the plane lands, regardless of where the plane was when the crime was committed?
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When the government fails to meet its trial burden to prove venue in the district where the trial occurs, is the remedy a judgment of acquittal or only dismissal without prejudice to refiling in the proper district?
Counsel of record
For petitioner
James H. Locklin
Federal Public Defender
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 26 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 19 2021Reply of petitioner Monique Lozoya filed.
- Aug 09 2021Brief of respondent United States of America in opposition filed.
- Jun 23 2021Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2021.
- Jun 22 2021Motion to extend the time to file a response from July 8, 2021 to August 9, 2021, submitted to The Clerk.
- Jun 08 2021Response Requested. (Due July 8, 2021)
- May 26 2021DISTRIBUTED for Conference of 6/10/2021.
- May 21 2021Waiver of right of respondent United States to respond filed.
- Apr 28 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)