United States v. Ramirez Reyes
6:24-cr-00231
M.D. Fla.Jan 21, 2025Background
- Giovanni Isai Ramirez Reyes was indicted by a federal grand jury for allegedly throwing two flares into a crowd at a soccer game in Orlando, causing injury and property damage.
- He is charged under 18 U.S.C. § 844(i) for maliciously damaging a stadium by means of fire and causing personal injuries.
- After being charged, Ramirez moved for a pretrial determination of a question of law and, in the alternative, to dismiss the indictment.
- The government opposed both motions, and the matter was referred to a magistrate judge for a report and recommendation.
- The primary dispute is whether the federal arson statute requires more than de minimis (minimal) property damage for a conviction.
Issues
| Issue | Ramirez's Argument | United States' Argument | Held |
|---|---|---|---|
| Does § 844(i) require more than de minimis damage to property for conviction? | Statute incorporates a de minimis defense; minimal damage is insufficient. | Any property damage, even de minimis, is sufficient for conviction. | Court found de minimis damage is sufficient based on Eleventh Circuit precedent. |
| Should the indictment be dismissed for failing to state an offense under Rule 12(b)? | Indictment is insufficient because it does not allege more than de minimis damage. | Indictment tracks statutory language and is legally sufficient. | Court found the indictment legally sufficient and denied motion to dismiss. |
Key Cases Cited
- United States v. Mock, 523 F.3d 1299 (11th Cir. 2008) (affirmed arson convictions where most property damage was de minimis, supporting that minimal damage is sufficient under § 844(i))
- United States v. Sharpe, 438 F.3d 1257 (11th Cir. 2006) (discussed standard for reviewing sufficiency of indictments under Rule 12)
- United States v. Fitapelli, 786 F.2d 1461 (11th Cir. 1986) (allegations in indictment taken as true when considering a motion to dismiss)
- United States v. Jordan, 582 F.3d 1239 (11th Cir. 2009) (describes required elements for a legally sufficient indictment)
- United States v. Critzer, 951 F.2d 306 (11th Cir. 1992) (pretrial challenges to sufficiency of evidence are improper in criminal cases)
- United States v. Bobo, 344 F.3d 1076 (11th Cir. 2003) (indictment must inform accused of specific charge)