1984 holding that 18 USC 1114 applies extraterritorially The JDA is not

1984 holding that 18 usc 1114 applies

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1984) (holding that 18 U.S.C. § 1114 applies extraterritorially). The JDA is not rendered inapplicable by the fact that Petitioner is an alien in military custody who allegedly committed offenses abroad. The JDA is routinely invoked when juveniles are taken into federal custody in situations where there is no concurrent state jurisdiction, such as on foreign territory or a military base. See 18 U.S.C. § 5032, para. 1; see also United States v. R. L. C. , 503 U.S. 291, 295 (1992) (juvenile held on Native American territory); United States v. Male Juvenile , 280 F.3d 1008, 1013 (9th Cir. 2002) (juvenile held on Indian territory); United States v. Juvenile Male , 939 F.2d 321, 324 (6th Cir. 1991) (juvenile held on military base). Hence, the fact that Petitioner was seized in Afghanistan and is detained at Guantánamo Bay does not exclude him from the scope of the Act. Further, because the JDA “draws no distinction between Americans and aliens held in federal custody, there is little reason to think that Congress intended the geographical coverage of the statute to vary depending on the detainee’s citizenship.” Rasul v. Bush , 542 U.S. 466, 481 (2004). In fact, the JDA’s provisions are 29
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recognized as applying equally to both legal and illegal aliens prosecuted for criminal conduct committed before the age of eighteen. See United States v. C.M. , 485 F.3d 492 (9th Cir. 2007); United States v. Doe , 862 F.2d 776, 779 (9th Cir. 1988); United States v. Doe , 701 F.2d 819 (9th Cir. 1983). Petitioner’s case therefore falls squarely within the JDA. Interpreting the MCA as conferring jurisdiction over juveniles would draw the MCA into direct conflict with the JDA. The procedures for military commission trial under the MCA fail to comply with the JDA: they do not involve proceedings in federal court, guarantee a speedy trial, impose the same limits on sentencing, or guarantee that Petitioner will be kept apart from adult detainees. Accordingly, it is only possible to interpret the MCA as conferring jurisdiction over juveniles if it is construed as having implicitly repealed the JDA with respect to juveniles detained at Guantánamo. But there is no indication, let alone a clear one, that Congress intended to repeal the JDA; and “absent ‘a clearly established congressional intention[,] repeals by implication are not favored.’” Branch v. Smith , 538 U.S. 254, 273 (2003) (internal citations omitted). Rather, “[a]n implied repeal will only be found where provisions in two statutes are in ‘irreconcilable conflict,’ or where the latter act covers the whole subject of the earlier one and ‘is clearly intended as a substitute.’” Id . (internal citations omitted). Here, of course, there is no such irreconcilable conflict: the MCA is better interpreted as having conferred jurisdiction only over persons old enough to consent to military status, in line with the UCMJ and long-standing precedent. And, given that it says nothing about juveniles, the MCA is clearly not “intended as a substitute” for the JDA. Id . Moreover, the presumption against repeal by implication applies with special force here, where Congress has specified, clearly and expressly, the preexisting laws
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  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

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