Friday, June 23, 2006

Ninth Circuit actually applying Lopez to overturn conviction for lack of federal jurisdiction.

The Ninth Circuit has ruled that crimes committed upon boats seized off of the coast of South America cannot provide a sufficient jurisdictional nexus for federal prosecution in San Diego, California.

In US v. Perlaza, the Ninth Circuit held that certain defendants cannot be prosecuted in federal court in the United States without a sufficient jurisdictional nexus. There is also a discussion of prosecutorial misconduct in this opinion. See below:$file/0250084.pdf?openelement