United States v. Ayala

OPINION AND ORDER

DOMINGUEZ, District Judge.

Co-defendant, René González Ayala, has requested the court to dismiss the indictment on the grounds that the Commerce Clause of the United States Constitution does not apply to Puerto Rico and hence the federal drug trafficking legislation charged in the instant case, 21 U.S.C.A. § 841(a)(1), does not apply to the indictment. 1

Co-defendant González Ayala further avers that, even assuming that the federal narcotics law applies to Puerto Rico, he was previously charged and sentenced to a term of four years under Article 401 of the Puerto Rico…