United States v. Lanaire White
480 F. App'x 193
4th Cir.2012Background
- White was convicted by jury of sixteen federal offenses including conspiracy to commit wire fraud, wire fraud, theft of government property, unauthorized access device fraud, and possession of a firearm by a felon.
- He challenged district court jurisdiction, arguing he is a Moorish American and that his ancestors were unlawfully brought to the United States, implying lack of citizenship.
- The district court denied his jurisdictional challenge and the case proceeded to sentencing.
- This court reviews challenges to district court jurisdiction de novo and affirms the judgment.
- The court holds that citizenship or heritage is not a prerequisite for federal subject-matter or personal jurisdiction, and that presence in the United States generally supplies personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Moorish American status destroy jurisdiction? | White argues ancestors were seized and slavery persisted, denying US citizenship. | White contends jurisdiction hinges on ancestral citizenship status. | No merit; jurisdiction does not depend on heritage. |
| Does physical presence in the United States establish personal jurisdiction in federal prosecutions? | Not explicitly stated; White challenges jurisdiction on citizenship grounds. | Presence in the US supplies personal jurisdiction for federal prosecutions. | Presence generally supplies personal jurisdiction; trial court had jurisdiction. |
| Did forcible abduction or improper procurement affect jurisdiction? | Argues illegal seizure could undermine jurisdiction. | Abduction does not defeat jurisdiction under prevailing authorities. | Abduction does not divest district court of jurisdiction; Frisbie-type reasoning applies. |
Key Cases Cited
- United States v. Winfield, 665 F.3d 107 (4th Cir. 2012) (de novo review of jurisdiction challenges)
- Hugi v. United States, 164 F.3d 378 (7th Cir. 1999) (subject-matter jurisdiction rests on 18 U.S.C. § 3231)
- Frisbie v. Collins, 342 U.S. 519 (1952) (difficulty of jurisdiction based on manner of bringing defendant)
- Alvarez-Machain, 504 U.S. 655 (1992) (jurisdiction preserved despite extraterritorial procurement)
- Kasi v. Angelone, 300 F.3d 487 (4th Cir. 2002) (abduction from abroad did not divest state trial court of jurisdiction)
- United States v. Rendon, 354 F.3d 1320 (11th Cir. 2003) (federal district court has jurisdiction over indicted defendants)
- United States v. Arbane, 446 F.3d 1223 (11th Cir. 2006) (cannot defeat jurisdiction by asserting illegality of presence)
- United States v. Porter, 909 F.2d 789 (4th Cir. 1990) (involuntary deportation does not defeat jurisdiction)
- United States v. Wilson, 721 F.2d 967 (4th Cir. 1983) (physical presence suffices for personal jurisdiction)