United States v. Velasquez-Mercado

ORDER

KAZEN, District Judge.

Defendant moves to dismiss counts 1 through 23 of the indictment for lack of jurisdiction. These counts charge the Defendant with committing various sexual offenses against two females in the Republic of Mexico and in Guatemala. Defendant alleges, and the Government concedes, that both the Defendant and the two victims are undocumented aliens. The counts attempt to charge violations of Title 18, U.S.C. §§ 2241(a)(2), 2242, 2244, and 113.

Defendant relies primarily upon United States v. Columba-Colella, 604 F.2d 356 (5th Cir.1979), which describes the various theories…