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Before
Howard, Chief Judge,
Torruella and Lynch, Circuit Judges.
Betsian Carrasquillo-Pealoza
We affirm.
I.
On October 10, 2012, Carrasquillo-Pealoza was indicted
for one count of transportation of a minor with the intent that
she engage in prostitution, in violation of 18 U.S.C. 2423(a),1
and one count of sex trafficking of a child, in violation of 18
U.S.C. 1591(a).
December
7,
2012,
Carrasquillo-Pealoza
filed
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On
April 20, 2013, the district court denied the motion on the basis,
inter
alia,
that
the
constitutionality
of
that
particular
October
11,
2013,
Carrasquillo-Pealoza
pleaded
appeal clause.2
On July 7, 2014, Carrasquillo-Pealoza was sentenced to
120 months of imprisonment, as jointly recommended.
This appeal
followed.
II.
Carrasquillo-Pealoza contends that the argument she
wishes to raise on appeal -- that the application of 18 U.S.C.
2423(a) to conduct wholly within Puerto Rico exceeds Congress's
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United
waiver
of
any
and
all
independent
non-
portion
of
the
Maritime
Drug
Law
Enforcement
Act
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States,
46
U.S.C.
70502(c)(1)(C),
70503(a)(1),
exceeded
Congress's Article I authority. 632 F.3d 731, 737 (1st Cir. 2011).
We held that, whatever its merits, a constitutional challenge to
Congress's legislative authority to enact the statute under which
a defendant is charged does not deprive the district court of
subject matter jurisdiction over the criminal case brought under
that statute.
Id.
always
implicated
subject-matter
jurisdiction,
then
sua
sponte,
would
have
to
assure
themselves
of
This
The
Id. at 19697.
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previously
rejected
his
assertion
that
his
constitutional
Id. at 197.
In
entered
United
an
attempted
States
unconditional
to
bring
an
v.
Daz-Doncel,
guilty
plea
appellate
and
2016).
We
cited
defendant
had
challenge
the
had
subsequently
to
Congress's
Cardales-Luna
and
held
that
his
Id. at
518.
In sum, circuit precedents make clear that CarrasquilloPealoza's
challenge
nonjurisdictional.3
to
the
statute
of
her
conviction
is
guilty plea and preserved her right to appeal the district court's
denial of her Commerce Clause challenge.
that option.
Carrasquillo-Pealoza's
appeal
is
also
independently
Cir. 2009) (citing United States v. Teeter, 257 F.3d 14, 2426
(1st Cir. 2001)).
Carrasquillo-Pealoza argues that her plea agreement did
not make clear that the scope of the waiver encompassed challenges
to the validity of the statute of conviction.
Not so.
Her appeal
guilty plea. See Daz-Doncel, 811 F.3d at 518 n.2 (citing Menna
v. New York, 423 U.S. 61, 6263 & n.2 (1975) (per curiam) (double
jeopardy challenge); Blackledge v. Perry, 417 U.S. 21, 30 (1974)
(due process challenge arising from repetitive, vindictive
prosecution)).
Neither exception is applicable here. See id.; United
States v. Miranda, 780 F.3d 1185, 119091 (D.C. Cir. 2015).
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Nor would
See United
- 8 -
The