254 F. Supp. 3d 313
D.P.R.2017Background
- In August 2016 a superseding indictment charged defendants Byron Montijo-Maysonet and Luis Melendez-Ramos with two counts under 18 U.S.C. § 2423(a) for transporting minor females within Puerto Rico to a motel to engage in sexual acts.
- Defendants moved to dismiss those counts under Fed. R. Crim. P. 12, arguing § 2423(a) does not reach transportation that occurs solely within Puerto Rico.
- Defendants relied on United States v. Maldonado-Burgos and Puerto Rico v. Sanchez Valle to argue Puerto Rico should be treated such that intra-Commonwealth transport falls outside § 2423.
- The government opposed the motion, arguing § 2423(a) explicitly covers intra-commonwealth transportation and the cited decisions do not undermine that coverage.
- The district court reviewed the indictment for sufficiency (accepting allegations as true) and rejected defendants’ statutory-interpretation and status-based arguments.
- The court denied the motion to dismiss, holding § 2423(a) applies to transportation occurring solely within Puerto Rico (intra-commonwealth transport) as charged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 18 U.S.C. § 2423(a) applies to transportation that occurs solely within Puerto Rico | Government: § 2423(a) expressly criminalizes intra-commonwealth transportation of minors and the indictment sufficiently alleges that offense | Defendants: Puerto Rico should be treated such that § 2423(a) does not apply to purely intra-Commonwealth transportation; Maldonado-Burgos and Sanchez Valle support narrowing application | Court: § 2423(a) (amended to include “commonwealth”) covers intra-Commonwealth transportation; Maldonado-Burgos and Sanchez Valle do not negate § 2423(a)’s reach; motion to dismiss denied |
Key Cases Cited
- United States v. Ngige, 780 F.3d 497 (1st Cir.) (standard for testing sufficiency of an indictment)
- United States v. Brown, 295 F.3d 152 (1st Cir.) (indictment may track statutory language if elements are clear)
- United States v. Maldonado-Burgos, 844 F.3d 339 (1st Cir.) (interpreting scope of § 2421(a) as not covering purely intra-Puerto Rico transport; court limited to § 2421(a))
- Puerto Rico v. Sanchez Valle, 136 S. Ct. 1863 (2016) (Sup. Ct.) (addressing dual-sovereignty and Puerto Rico’s prosecutorial source; not dispositive on § 2423 scope)
- United States v. Lebron-Caceres, 157 F. Supp. 3d 80 (D.P.R.) (recognizing § 2423(a) explicitly applies to intra-commonwealth transportation)
- United States v. Medina-Ayala, 906 F. Supp. 2d 20 (D.P.R.) (denying dismissal where § 2423 applied to intra-Commonwealth transport)