United States v. Maldonado-Burgos

130 F. Supp. 3d 498, 2015 U.S. Dist. LEXIS 120692, 2015 WL 5227480
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 8, 2015
DocketCriminal No. 14-336 (DRD)
StatusPublished
Cited by2 cases

This text of 130 F. Supp. 3d 498 (United States v. Maldonado-Burgos) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Maldonado-Burgos, 130 F. Supp. 3d 498, 2015 U.S. Dist. LEXIS 120692, 2015 WL 5227480 (prd 2015).

Opinion

OPINION & ORDER

DANIEL R. DOMÍNGUEZ, District Judge.

“The legal relationship between Puerto Rico and the United States is far from [500]*500clear and fraught with controversy.” United States v. Lopez Andino, 831 F.2d 1164, 1168 (1st Cir.1987). The case at bar demonstrates the inherent difficulties that frequently occur when - a court is called upon to discern the jurisdictional reach of a federal law in Puerto Rico. Today, the undersigned becomes the second District Judge to rule that 18 U.S.C. § 2421(a) does not criminalize conduct occurring entirely within Puerto Rico.

I. FACTUAL AND PROCEDURAL OVERVIEW

Edwin Maldonado-Burgos (hereinafter “Defendant”) is currently charged with two counts of committing the following criminal conduct:

knowingly transport[ing] .., a then 18 year-old severely- mentally disabled female within the- Commonwealth of Puerto Rico, which is a Territory and Possession of the United States* in a school bus, with the intent that she engage in sexual activity constituting a criminal offense under the Laws of the Commonwealth • of Puerto Rico____All in violation of [18 U.S.C. § 2421(a) ]. (emphasis provided).

Docket No. 11 (Indictment). The germane segment of the underlying criminal statute relied upon by the Government reads as follows:

Transportation generally
(a) In general. — Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United .States, with intent that such individual engage in prostitution, or in any sexual activity for .which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both, (emphasis provided).

18 U.S.C. § 2421. ' It should be emphasized that, pursuant to the indictment’s own phraseology, the illegal transportation was effectuated entirely “within” Puerto Rico.

While the instant case was pending, however, a separate, unrelated case with a similarly phrased charge was dismissed on jurisdictional grounds by another judge in this district, the Hon. Gustavo A. Gelpi, Relying on the plain language of § 2421(a), Judge Gelpi deemed the statute to be unenforceable with respect to intra-commonwealth transportation. See United States v. Mercado-Flores, 109 F.Supp.3d 467, 2015 WL 3764518 (D.P.R.2015); and United States v. Mercado-Flores, Slip Copy, 2015 WL 4132355 (D.P.R.2015) (denying motion for reconsideration).

Consequently, Defendant’s counsel, ever vigilant of cutting-edge statutory interpretation, filed a motion to dismiss for precisely the same reasons relied upon by Judge Gelpi. See Docket No. 85. In fact, the only substance to Defendant’s concise motion is an attachment, which is a copy of Judge Gelpfs aforementioned Opinion and Order.1 The Government responded with a noteworthy opposition and a subsequent addendum containing a recent First Cir[501]*501cuit opinion. See Docket Nos. 90 and 91. The Government claims that Puerto Rico is a “territory” under § 2421(a); hence, notwithstanding Puerto Rico’s commonwealth title, the statute should continue to apply to transportation occurring entirely within Puerto Rico. Thus, the time has now arrived for this Court to determine the jurisdictional reach of § 2421(a). Beneath the surface of this inquiry' is the ever-evolving political relationship between Puerto Rico and the United States.

II. SYNOPSIS OF PUERTO RICO’S POLITICAL EVOLUTION2

“We readily concede that Puerto Rico occupies a relationship to the United States that‘has no parallel in our history.” Examining Bd. of Engineers, Architects and Surveyors v. Flores, 426 U.S. 572, 596, 96 S.Ct. 2264, 49 L.Ed.2d 65 (1976). Well over a century ago, on December 10, ’1898, the United States “acquired” Puerto Rico from Spain by way of a peace treaty that ended the Spanish-American War.3 In the aftermath of this acquisition, Puerto Rico “became subject to Congress’ plenary authority under the Territorial Clause of the Constitution.” Trailer Marine Transport Corp. v. Rivera Vazquez, 977 F.2d 1, 6-7 (1st Cir.1992); U.S. Const. Art. IV, § 8, cl. 2.4

Following “[a] brief interlude of military control,” on April 12, 1900, Congress enacted the Foraker Act, which established a temporary government in Puerto Rico. See 31 Stat. 77; see ’also Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 671, 94 S.Ct. 2080, 40 L.Ed.2d 452 (1974). By virtue of the Foraker Act, the United States retained considerable control over the affairs of Puerto Rico and its citizens. Id. The subsequent stage in this political progression was the Jones Act, which was enacted on March 2, 1917. See 39 Stat. 951. The Jones Act arranged for the residents of Puerto Rico to have somewhat more authority over their local affairs, along with many of the United States’ constitutional protections — albeit in a statutory fashion. The highlights of the Jones Act were the restructuring of the government in Puerto Rico, the creation of a local bill of rights, and the granting of American citizenship to residents of Puerto Rico.5 Id. “The aim of the Foraker Act and the [502]*502[Jones] Act was to give Puerto Rico full power of local self-determination with an autonomy similar to that of the states and incorporated territories.” People of Puerto Rico v. Shell Co., 302 U.S. 253, 261-62, 58 S.Ct. 167, 82 L.Ed. 235 (1937) (citing Gromer v. Standard Dredging Co., 224 U.S. 362, 370, 32 S.Ct. 499, 56 L.Ed. 801 (1912); People of Porto Rico v. Rosaly y Castillo, 227 U.S. 270, 274, 33 S.Ct. 352, 57 L.Ed. 507 (1913))., Aiming to further increase Puerto Rico’s autonomy, subsequently, on August 5, 1947, Congress enacted the Elective Governor Act, “which allowed the residents of Puerto Rico to elect their own governor, within the framework previously set by the Foraker and Jones Acts.” Mercado-Flores, 109 F.Supp.3d at 470, 2015 WL 3764518 *3. “Up to this moment, under both Spanish and American control of the island, Puerto Ricans had never elected the island’s governor.” Id.

The evolution continued on July 3, 1950, when the Federal Relations Act was enacted. See Pub.L. 600 (specifically 48 U.S.C. § 731 et seq.).

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Bluebook (online)
130 F. Supp. 3d 498, 2015 U.S. Dist. LEXIS 120692, 2015 WL 5227480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-maldonado-burgos-prd-2015.