UNITED STATES OF AMERICA v. FATHIA-ANNA DAVIS
US Court of Appeals for the Fourth Circuit, Shedd, May 1, 2017,
Manufactured Jurisdiction – Detectives did not improperly create federal jurisdiction by telling the victim to send a text message
Facts: Undercover officers (UCs) were hired by Davis to murder her ex-husband. When Davis met with the UCs, they told her to send a text message to a 3rd party. After meeting, the UCs were in contact with Davis through the 3 mobile phones that she used and by meetings in person where Davis drove. When they told her that the job was complete, she paid them $4,000.
Davis was subsequently convicted and sentenced to 120 months.
Davis appealed, claiming that the government manufactured federal jurisdiction by having her send a text message.
Legal:
Held: The Court disagreed. Even if the UCs had Davis send the original text message to create federal jurisdiction, Davis continued to use her car and her phone afterwards. These actions also created federal jurisdiction, so the first text message was irrelevant.
Murder for Hire – 18 USC 1958 – A defendant can be convicted of federal murder for hire if they:
– Use any “facility of interstate or foreign commerce” (including transportation and/or communication such as cars or mobile phones)
– With intent that a murder be committed
– And offer to pay anything of value in exchange for the murder
Murder for Hire (federal) – Use of a car or cellular phone both constitute using a “facility of interstate or foreign commerce” and can create federal jurisdiction
Manufactured Jurisdiction- The government cannot “manipulate events to create federal jurisdiction over a case.”
Manufactured Jurisdiction – This defense only applies when the government’s sole reason for doing something is to create jurisdiction. If there is another reason for doing something that happens to create federal jurisdiction, that is not a problem.
Manufactured Jurisdiction – If a defendant does something on their own that creates federal jurisdiction, then that makes the government’s action largely irrelevant.