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United States v. Vazquez

United States District Court for the District of Puerto Rico

October 25, 1999, Decided ; October 25, 1999, Filed

Criminal No. 97-091 (JAF)

Opinion

 [*287] OPINION AND ORDER

Defendant Jeanette Sotomayor-Vazquez ("Sotomayor") renews her motion challenging the constitutionality of the instigation of the government's investigation of her due to the alleged unconstitutional delegation of authority by interim United States Attorney Guillermo Gil. 1

 [**2]   [*288]  We have already issued an Opinion and Order concerning the validity of Defendant Sotomayor's indictment. Docket Document No. 557. 2 We determined that the indictment was not legally flawed pursuant to Fed. R. Crim. P. 7(c)(1). Id. However, in that opinion, we declined to reach the constitutional issue and decided the question before us upon other grounds. Id. Defendant now renews her slightly-altered motion in light of the First Circuit's opinion in United States v. Colon-Munoz, 192 F.3d 210, 1999 U.S. App. LEXIS 24599, 1999 WL 768224 (1st Cir. 1999), which was pending decision at the time we issued our Opinion and Order. In that case, the Circuit determined that the defendant had failed to raise properly the constitutional issue prior to trial, thus constituting a waiver which effectively precluded appellate review. Id. Thus, Defendant asserts that since she preserved the issue in this case, the constitutional issue is ripe for review.

 [**3] I.

Relevant Factual Background

Daniel Lopez-Romo resigned as United States Attorney ("U.S. Attorney") for the District of Puerto Rico in 1993. At that time, United States Attorney General Janet Reno appointed Charles Fitzwilliam as temporary U.S. Attorney pursuant to 28 U.S.C. § 546(a). After the one-hundred and twenty-day statutory period for Fitzwilliam's appointment expired, 28 U.S.C § 546(c), the Judges for the District Court in Puerto Rico appointed Mr. Guillermo Gil as interim U.S. Attorney pursuant to 28 U.S.C. § 546(d). Mr. Gil's appointment was filed with the Clerk of this Court on September 10, 1993, as required by 28 U.S.C. § 546(d). 3 The President of the United States has not sent a nomination for U.S. Attorney for the District of Puerto Rico to the U.S. Senate for confirmation.

 [**4] II.

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69 F. Supp. 2d 286 *; 1999 U.S. Dist. LEXIS 16809 **

UNITED STATES OF AMERICA, Plaintiff, v. JEANNETTE SOTOMAYOR VAZQUEZ (02); Defendant.

Disposition:  [**1]  Defendant's motion DENIED.

CORE TERMS

appointment, interim, inferior, tenure, delegated, vested, supervisory, vacancy, permanent, purport, advice, facto

Constitutional Law, The Presidency, Appointment of Officials, General Overview, The Judiciary, Governments, Courts, Clerks of Court, Court Records