United States v. Rafael Sanchez and Luis Sanchez (1993)

United States v. Sanchez, 992 F.2d 1143, 1160 (11th Cir.1993), cert. denied, ■ — ■ U.S.-, 114 S.Ct. 1051 , 127 L.Ed.2d 373 (1994).

The district court did not abuse its discretion in determining that the highly probative nature of this evidence outweighed any risk “of jury confusion, prejudice, or needless presentation of cumulative evidence.” United States v. Sanchez, 992 F.2d 1143, 1160 (11th Cir.1993).

In 2000, the First Circuit noted that Puerto Rico is a territory subject to Congressional power under the territorial clause, Dávila-Pérez, 202 F.3d at 468-469 ; in 2003 it described Puerto Rico as an unincorporated territory of the United States, Maysonet-Robles, 323 F.3d at 53 ; and in 2015 it pointed out that Puerto Rico is, “constitutionally, a territory.” Franklin California Tax-Free Trust v. Commonwealth of Puerto Rico, 805 F.3d 322, 345 (1st Cir.2015), cert. granted, …

United States v. Sanchez, 992 F.2d, 1143, 1150 (11th Cir.) (emphasis added) (footnote omitted), modified, 3 F.3d 366 (11th Cir. 1993), cert. denied, — U.S.-, 114 S.Ct. 1051 , 127 L.Ed.2d 373 (1994).

See United States v. Sanchez, 992 F.2d 1143 , 1151–52 (11th Cir. 1993) (“As a territory, Puerto Rico remains outside an exception to the Double Jeopardy Clause which is based upon dual sovereignty.”).

Robinson v. Schneider, 893 F. Supp. 490, 499 (3d Cir. 1995) (quoting United States v. Sanchez, 992 F.2d 1143, 1150 (11th Cir. 1993)).

Bush issued a directive that remains in force today, requiring: all Federal departments, agencies, and officials, to the extent con- sistent with the Constitution and the laws of the United States, henceforward to treat Puerto Rico administratively as if it were a State, except insofar as doing so with respect to an existing Federal program or activity would increase or decrease Federal receipts or expenditures, or would seriously disrupt the operation of such pro- gram or a…

United States v. Sanchez, 992 F.2d 1143, 1153 (11th Cir.1993).

Judge Torruella’s view was followed by the Eleventh Circuit in United States v. Sánchez, 992 F.2d 1143, 1151 (11th Cir.1993) to hold that "Puerto Rico is still constitutionally a territory, and not a separate sovereign,” for purposes of the Double Jeopardy Clause.

Ed. 2d 303 , 98 S. Ct. 1079 (1978) (territorial government acts as an agency of the federal government in prosecuting locally enacted offenses); U.S. v. Sanchez, 992 F.2d 1143, 1150 (11th Cir.) (source of prosecutorial authority for both the courts of territory and federal district court is Congress), modified, 3 F.3d 366 (11th Cir. 1993); Government of the Virgin Islands ex rel.

THE LAW AND ANALYSIS A. Double Jeopardy Defendant Diaz has made indirect allegations of double jeopardy with specific reliance on the single-sovereignty/dual-sovereignty dichotomy as explained by the Eleventh Circuit in United States v. Sanchez, 992 F.2d 1143, 1150 (11th Cir. 1993), modified, 3 F.3d 366 (11th Cir. 1993), cert. denied, 114 S.Ct. 1051 (1994).

The doctrine of collateral estoppel also "emanates from both the double jeopardy clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution." S.W. v. State, 703 So.2d 427 (Ala.Crim.App.1997); see Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970); United States v. Sanchez, 992 F.2d 1143, 1154 (11th Cir.1993), on reconsideration, 3 F.3d 366 , cert. denied, 510 U.S. 1110 , 114 S.Ct. 1051 , 127 L.Ed.…

See United States v. Sanchez, 992 F.2d 1143, 1150-53 (11th Cir.1993), rev’d in part on other grounds, 3 F.3d 366 (11th Cir.1993) (determining that Puerto Rico is not a separate sovereign for purposes of the double jeopardy clause); see also United States v. Lopez Andino, 831 F.2d 1164, 1167-68 (1st Cir.1987) (holding that Puerto Rico is a separate sovereign for double jeopardy purposes).

Thus, application of the dual sovereignty exception “turns on whether the two entities draw their authority to punish the offender from distinct sources of power.” Heath v. Alabama, 474 U.S. 82, 88 , 106 S.Ct. 433 , 88 L.Ed.2d 387 (1985); see also United States v. Sanchez, 992 F.2d 1143, 1149-50 (11th Cir.1993).

Thus, application of the dual sovereignty exception “turns on whether the two entities draw their authority to punish the offender from distinct sources of power.” Heath v. Alabama, 474 U.S. 82, 88 (1985); see also United States v. Sanchez, 992 F.2d 1143, 1149-50 (11th Cir. 1993).

See United States v. Sanchez , 992 F.2d 1143 , 1152 (11th Cir. 1993) (stating that although "Congress has [ ] delegated more authority to Puerto Rico over local matters .... this has not changed in any way Puerto Rico's constitutional status as a territory, or the source of power over Puerto Rico.

See United States v. Sanchez, 992 F.2d 1143, 1151-52 (11th Cir.), on reconsideration, 3 F.3d 366 (11th Cir.1993) (disagreeing with the First Circuit’s conclusion that Congress's decision to permit self-governance in Puerto Rico makes it a separate sovereign for double jeopardy purposes and espousing Judge Torruella's concurrence in Lopez Andino); Pueblo v. Sanchez Valle, No.2013-68, 2015 TSPR 25 , 2015 WL 1317010 at *27-29 (P.R.

See Ex parte Howard, 710 So.2d 460, 463 (Ala.1997) (quoting S.W. v. State, 703 So.2d 427 (Ala.Crim.App.1997), and citing Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970), and United States v. San *44 chez, 992 F.2d 1143, 1154 (11th Cir.1993), on reconsideration, 3 F.3d 366 (11th Cir.1993)).

See i.e., United States v. Sanchez, 992 F.2d 1143 (11th Cir.1993) (effect of Federal Relations Act on the applicability of double jeopardy); Trailer Marine Transp., Corp. v. Rivera Vazquez, 977 F.2d 1, 7 (1st Cir. 1992) (local premium assessment on van trailer vehicles engaged in maritime transportation upheld as not in violation of Commerce Clause); given current situation, “Puerto Rico is subject to the constraints of the dormant Commerce Clause doctrine in the same fashio…

See also United States v. Sanchez, 992 F.2d 1143, 1152 (11th Cir.1993) (“With each new organic act, first the Foraker Act in 1900, then the Jones Act in 1917, and then the Federal Relations Act in 1950 and later amendments, Congress has simply delegated more authority to Puerto Rico over local matters.

Congress retains discretion under the Constitution's Territory Clause as to what laws apply to Puerto Rico."); compare United States v. Sanchez, 992 F.2d 1143, 1151 (11th Cir. 1993) (Puerto Rico is still constitutionally a territory and not a separate sovereign); with United States v. Andino, 831 F.2d 1164, 1168 (1st Cir. 1987) (holding that for double jeopardy purposes Puerto Rico is a separate sovereign like a state). 5 See Ngiraingas v. Sanchez, 858 F.2d 1368, 1371 (9th C…