United States of America v. Alexandro Gerandino-Aracena

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 17-1142
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UNITED STATES OF AMERICA
v.
ALEXANDRO GERANDINO-ARACENA,
Appellant
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On Appeal from the District Court of the Virgin Islands
Division of St. Thomas and St. John
(D.C. No. 3-15-cr-00041-001)
District Judge: Honorable Curtis V. Gomez
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Argued December 10, 2018
Before: CHAGARES, HARDIMAN, and RESTREPO, Circuit Judges.
(Filed: March 21, 2019)
Joseph A. DiRuzzo, III [ARGUED]
DiRuzzo & Company
401 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, FL 33301
Counsel for Appellant
Joycelyn Hewlett
Acting United States Attorney
Sigrid M. Tejo-Sprotte [ARGUED]
David W. White
Assistant United States Attorneys
Office of United States Attorney

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2
5500 Veterans Drive, Suite 260
United States Courthouse
St. Thomas, VI 00802
Counsel for Appellee
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OPINION*
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HARDIMAN, Circuit Judge.
Alexandro Gerandino-Aracena appeals his judgment of conviction for federal drug
trafficking and firearms possession offenses following a jury trial. His two arguments on
appeal—that the District Judge presided over his case in violation of the Appointments
Clause of the United States Constitution and that he was entitled to a trial in an Article III
court—are foreclosed by our opinion in United States v. Ayala, --- F.3d ---, 2019 WL
1051579 (3d Cir. Mar. 6, 2019). As we held in Ayala, “a judge of the District Court of the
Virgin Islands may serve past the expiration of the term, until the President nominates
and the Senate confirms a successor.” Id. at *4; see *4–5. And Article IV, Section 3 of
the Constitution and statutory grants of jurisdiction empower the District Court of the
Virgin Islands to adjudicate federal criminal offenses. Id. at *2–3. We will therefore
affirm the judgment of conviction and sentence.
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7
does not constitute binding precedent.

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