United States v. Giraldo-Prado, 150 F.3d 1328 (11th Cir. 1998). · Go Syfert
United States v. Giraldo-Prado, 150 F.3d 1328 (11th Cir. 1998). Cases Citing This Book View Copy Cite
36 citation events (29 in the last 25 years) across 3 distinct courts.
Strongest positive: AST & Science LLC v. Delclaux Partners SA (ca11, 2024-05-06)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) AST & Science LLC v. Delclaux Partners SA
11th Cir. · 2024 · confidence medium
See 28 U.S.C. § 2107 (a); United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998); Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010) (noting that USCA11 Case: 24-11024 Document: 12-1 Date Filed: 05/06/2024 Page: 3 of 3 24-11024 Opinion of the Court 3 the timely filing of a notice of appeal in a civil case is a jurisdictional requirement, and we cannot entertain an appeal that is out of time).
cited Cited as authority (rule) United States v. Bradley Joseph Steiger
11th Cir. · 2021 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Jemone Lawrence Walker
11th Cir. · 2020 · confidence medium
“The district court’s subject-matter jurisdiction is a question of law subject to de novo review.” United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998) (per curiam) (emphasis removed).
cited Cited as authority (rule) United States v. Raul Antonio Zapata Calderon
11th Cir. · 2020 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Miguel Angel Mejia
11th Cir. · 2018 · confidence medium
United States v. Rendon, 354 F.3d 1320, 1324 (11th Cir. 2003); United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Miguel Angel Pineda-Nunez
11th Cir. · 2016 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Willie Reed, Jr.
11th Cir. · 2010 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
cited Cited as authority (rule) United States v. Michael Anthony
11th Cir. · 2009 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998). 4 .
cited Cited as authority (rule) United States v. Howard Alfred Henry, Jr.
11th Cir. · 2009 · confidence medium
“The district court's subject-matter jurisdiction is a question of law subject to de novo review.” United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998). 3 .
cited Cited as authority (rule) United States v. Juan Morales
11th Cir. · 2007 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998). .
cited Cited as authority (rule) United States v. Jaborie Brown
11th Cir. · 2007 · confidence medium
United *798 States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (per curiam).
cited Cited as authority (rule) United States v. Edwin M. Mack
11th Cir. · 2006 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
cited Cited as authority (rule) United States v. Daniel Lisbon
11th Cir. · 2006 · confidence medium
United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Miguel Perez
11th Cir. · 2005 · confidence medium
DISCUSSION Although the government did not assert jurisdiction in the district court, we will review the issue de novo because “a party may raise jurisdiction at any time during the pendency of the proceedings.” United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (per curiam).
discussed Cited as authority (rule) United States v. Morrison
11th Cir. · 2000 · confidence medium
The problem with that argument is that lack of jurisdiction may be raised at any time, see United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998), and the seven-day limitation contained in Rule 35(c) is a jurisdictional restriction.
discussed Cited as authority (rule) United States v. Morrison
11th Cir. · 2000 · confidence medium
The problem with that argument is that lack of jurisdiction may be raised at any time, see United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998), and the seven-day limitation contained in Rule 35(c) is a jurisdictional restriction.
cited Cited "see" United States v. Antonio U. Akel
11th Cir. · 2019 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir. 1998).
cited Cited "see" United States v. Danfi Gonzalez Iguaran
11th Cir. · 2016 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998); see also Henderson ex rel.
cited Cited "see" United States v. Kelvin Tremayne White
11th Cir. · 2014 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
discussed Cited "see" United States v. Shane Jones
11th Cir. · 2012 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (noting that “a party may raise jurisdiction at any time during the pendency of the proceedings”). “[Tjhis Court has ... emphasized the importance of the contents of the [§ 851] information.” Perez v. United States, 249 F.3d 1261 , 1265 (11th Cir.2001).
cited Cited "see" United States v. John Willie Hicks
11th Cir. · 2012 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
cited Cited "see" United States v. Robert Lee Perry
11th Cir. · 2011 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (noting that “a party may raise jurisdiction at any time during the pendency of the proceedings”) (per curiam).
cited Cited "see" United States v. Oscar Gonzalez
11th Cir. · 2011 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (noting that “a party may raise jurisdiction at any time during the pendency of the proceedings”).
cited Cited "see" United States v. Darrell Mells
11th Cir. · 2010 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (noting that "a party may raise jurisdiction at any time during the pendency of the proceedings”). 3 .
cited Cited "see" United States v. Karriece Quontrel Davis
11th Cir. · 2010 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (per curiam) (noting that "a party may raise jurisdiction at any time during the pen-dency of the proceedings”).
cited Cited "see" United States v. Leigh Jesse Quinto
11th Cir. · 2008 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (per curiam) (acknowledging that “a party may raise jurisdiction at any time during the pendency of the proceedings”).
cited Cited "see" United States v. Ceferino Vargas-Medina
11th Cir. · 2006 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998) (reviewing de novo a challenge to the district court’s subject matter jurisdiction for the first time on appeal).
cited Cited "see" United States v. Clayton Humphries-Brant
11th Cir. · 2006 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (lfih Cir.1998) (reviewing de novo a challenge to the district court's subject matter jurisdiction for the first time on appeal).
cited Cited "see" United States v. Wallace D. Strevell
11th Cir. · 2006 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
cited Cited "see" United States v. Oscar Maldonado-Ramirez
11th Cir. · 2000 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1330 (11th Cir.1998).
cited Cited "see" United States v. Oscar Maldonado-Ramirez
11th Cir. · 2000 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1330 (11th Cir.1998).
cited Cited "see" United States v. Oscar Maldonado-Ramirez
11th Cir. · 2000 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F.3d 1328, 1330 (11th Cir. 1998).
discussed Cited "see" Sanchez v. State
Ga. Ct. App. · 1998 · signal: see · confidence high
See United States v. Giraldo-Prado, 150 F3d 1328 (11th Cir. 1998); United States v. Alborola-Rodriguez, 153 F3d 1269, 1272 (11th Cir. 1998); United States v. Hernandez, 145 F3d 1433 (11th Cir. 1998); United States v. Biro, 143 F3d 1421 (11th Cir. 1998).
discussed Cited "see, e.g." United States v. Nelson
6th Cir. · 2002 · signal: see also · confidence medium
He relies upon the general rule that lack of subject matter jurisdiction may be raised at any time; however, that rule actually holds that lack of subject matter jurisdiction may be raised “at any time during the pendency of the proceedings.” United States v. Adesida, 129 F.3d 846, 850 (6th Cir.1997) (quoting Fed.R.Crim.P. 12(b)(2) (emphasis added)); see also United States v. Giraldo-Prado, 150 F.3d 1328, 1329 (11th Cir.1998).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Mery GIRALDO-PRADO, Defendant-Appellant
97-5634.
Court of Appeals for the Eleventh Circuit.
Aug 19, 1998.
150 F.3d 1328
Ronald Gainor, Miami, FL, for Defendant-Appellant., Suzan H. Ponzoli, Miami, FL, for Plaintiff-Appellee.
Tjoflat, Edmondson, Birch.
Cited by 34 opinions  |  Published
PER CURIAM:

Mary Giraldo-Prado (“Giraldo-Prado”) appeals the district court’s order of judicial deportation as a condition of supervised release. We vacate the district court’s order in part and remand for further proceedings, in light of our holding in United States v. Romeo, 122 F.3d 941 (11th Cir.1997), and the more recent holding in United States v. Biro, 143 F.3d 1421 (11th Cir.1998).

I. BACKGROUND

Giraldo-Prado pled guilty to count one of an indictment, charging her with illegal importation of heroin. The district court sentenced her to 46 months’ imprisonment and three-years’ supervised release. In addition, the district court ordered Giraldo-Prado deported as a condition of her supervised release, pursuant to 18 U.S.C. § 3583(d).

At the sentencing hearing, Giraldo-Prado did not object to the district court’s authority to order such deportation; however, the government objected based on our day-old holding in United States v. Romeo, 122 F.3d 941 (11th Cir.1997). The district court refused to entertain the government’s objection at the sentencing hearing because the government failed to file a previous objection.

Giraldo-Prado failed to object to the district court’s lack of subject-matter jurisdiction to order her deported as a condition of supervised release, but raises this issue on appeal. In response, the government agrees that the district court exceeded its subject matter jurisdiction.

II.' DISCUSSION

We have noted that a party may raise jurisdiction at any time during the pen-dency of the proceedings. United States v. Biro, 143 F.3d 1421, 1431 (11th Cir.1998). Accordingly, Giraldo-Prado did not waive subject-matter jurisdiction. The district court’s subject-matter jurisdiction is a question of law subject to de novo review. See United States v. Perez, 956 F.2d 1098, 1101 (11th Cir.1992).

[*1330] In Romeo, we held that 8 U.S.C. § 1229a(a) divests the district court of jurisdiction to order deportation pursuant to 18 U.S.C. § 3583(d). Romeo, 122 F.3d at 943-44. We concluded that “[t]he INA [Immigration and Nationality Act], as amended by the IIRAIRA [Illegal Immigration Reform and Immigrant Responsibility Act], does not provide for, or authorize, judicial deportation pursuant to 18 U.S.C. § 3583(d). Thus, we hold that 8 U.S.C. § 1229a(a) eliminates any jurisdiction district courts enjoyed under § 3583(d) to independently order deportation.” Id. at 943.

We further concluded in Romeo that § 1229a(a) extends “to all pending cases because ‘[intervening statutes conferring or ousting jurisdiction’ are ordinarily given immediate effect, “whether or not jurisdiction lay when the underlying conduct occurred or when the suit was filed....’” Id. at 944 (citation omitted). Accordingly, § 1229a(a) was given immediate effect and applied to all cases pending on the date of enactment, April 1,1997. Id. at 944.

In Biro, we reasoned that “[a]s a result of the enactment of § 1229a(a), ‘ § 3583(d) authorizes a district court to order that a defendant be surrendered to the INS for deportation proceedings in accordance with the INA, but it does not authorize a court to order a defendant deported.’” Biro, 143 F.3d at 1431 (quoting Romeo, 122 F.3d at 943-44).

Because Giraldo-Prado was sentenced on September 11,1997, after the enactment of 8 U.S.C. § 1229a(a), we remand with instructions that the district court delete the deportation condition. The district court may modify the sentence by deleting the deportation order and providing that the appellant, upon completion of her term of imprisonment, shall be turned over to the Immigration and Naturalization Service for appropriate proceedings pursuant to the Immigration and Nationality Act. See Biro, 143 F.3d at 1431. Because these actions by the district court on remand will operate in Giraldo-Prado’s favor, the district court need not hold a new, complete sentencing hearing. See Fed.R.Crim.P. 32.1(b) (providing that hearing and assistance of counsel are required before terms of supervised release can be modified unless relief to be granted is favorable to defendant). Alternatively, the district court, in its discretion, may hold a re-sentencing hearing if it desires to accomplish any other changes in the sentence.

VACATED in part and REMANDED with instructions.