109 F. Supp. 3d 467
D.P.R.2015Background
- Defendant Jorge Mercado-Flores was indicted under 18 U.S.C. § 2423(a) for transporting a 14-year-old within Puerto Rico with intent to engage in criminal sexual activity; he later pled guilty to 18 U.S.C. § 2421 (transportation of an individual) via an information as part of a plea agreement.
- At sentencing, the court reserved judgment on whether § 2421 applies to wholly intrastate conduct in the Commonwealth of Puerto Rico because § 2421’s jurisdictional text references “Territory, or Possession of the United States” while § 2423(a) references “any commonwealth, territory or possession.”
- The Government argued § 2421 covers Puerto Rico because Puerto Rico remains a territory/possession of the United States and earlier precedent applied the Mann Act to Puerto Rico.
- The court analyzed statutory text, congressional amendments to the Mann Act in 1998, and the judicially recognized change in Puerto Rico’s status after Public Law 600 and adoption of its constitution in 1952.
- Applying First Circuit precedent recognizing Puerto Rico as a commonwealth (not merely a territory) and statutory interpretation canons (including Russello/Barnhart and ratification), the court concluded Congress’s inclusion of “commonwealth” in § 2423(a) but not in § 2421 is intentional.
- Holding: § 2421 does not reach purely intra-commonwealth conduct in Puerto Rico; the judgment convicting under § 2421 was vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 18 U.S.C. § 2421 applies to conduct wholly within Puerto Rico | Gov: Mann Act covers Puerto Rico because it is still a U.S. territory/possession and earlier cases applied the Act there | Defense: Puerto Rico is a commonwealth; § 2421 omits "commonwealth" so it does not reach intra-commonwealth acts | Court: § 2421 does not apply to wholly intra-commonwealth transportation in Puerto Rico |
| Effect of Congress adding "commonwealth" to § 2423(a) but not to § 2421 | Gov: omission does not alter reach; historical application supports coverage | Defense: disparate language shows intentional exclusion of Puerto Rico from § 2421 | Court: Presumes intentional difference; inclusion in § 2423(a) indicates Congress meant to exclude Puerto Rico from § 2421 |
| Relevance of pre-1950 precedent applying Mann Act to Puerto Rico | Gov: Beach and Crespo bind the court; Mann Act historically applied in Puerto Rico | Defense: Those cases predate Puerto Rico's change to commonwealth status; later First Circuit precedent treats Puerto Rico as not a mere territory | Court: Older precedents reflect Puerto Rico’s prior territorial status and do not control given later legal developments |
| Whether court must follow First Circuit precedent on Puerto Rico’s status | Gov: argues continuing territorial status; cites dissenting views | Defense: First Circuit and Supreme Court decisions recognize commonwealth status for many statutory contexts | Court: Bound by First Circuit precedent recognizing Puerto Rico as a commonwealth; follows that line |
Key Cases Cited
- United States v. Beach, 324 U.S. 193 (Mann Act applied to territories including Puerto Rico at time)
- Crespo v. United States, 151 F.2d 44 (1st Cir.) (early application of Mann Act to Puerto Rico)
- Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663 (holding certain federal statutes apply to Puerto Rico as to States)
- Examining Bd. v. Flores de Otero, 426 U.S. 572 (recognizing Puerto Rico’s commonwealth status and autonomy)
- Córdova & Simonpietri Ins. Agency v. Chase Manhattan Bank, N.A., 649 F.2d 36 (1st Cir.) (holding Puerto Rico ceased being a territory for certain statutes)
- Barnhart v. Sigmon Coal Co., 534 U.S. 438 (canon: inclusion in one statutory provision and omission in another implies intentional difference)
- Dep’t of Transp. v. Pub. Citizen, 541 U.S. 752 (doctrine of ratification: Congress presumed aware of judicial interpretations when reenacting statutes)