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    United States v. Corinne Ann Santiago, 576 F.2d 562, 3rd Cir. (1978)

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    Corinne Ann Santiago pleaded guilty to possession of cocaine with intent to distribute in the U.S. Virgin Islands. She received an 18 month sentence with all but 6 months suspended. Santiago argued she was denied equal protection since she could have received a lighter sentence under the Federal Youth Corrections Act if convicted in a U.S. state. However, the court affirmed the sentence, finding that while the 5th Amendment applies to the Virgin Islands, Congress is not required to uniformly apply all federal statutes to the territories.

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    United States v. Corinne Ann Santiago, 576 F.2d 562, 3rd Cir. (1978)

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    Corinne Ann Santiago pleaded guilty to possession of cocaine with intent to distribute in the U.S. Virgin Islands. She received an 18 month sentence with all but 6 months suspended. Santiago argued she was denied equal protection since she could have received a lighter sentence under the Federal Youth Corrections Act if convicted in a U.S. state. However, the court affirmed the sentence, finding that while the 5th Amendment applies to the Virgin Islands, Congress is not required to uniformly apply all federal statutes to the territories.

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    Filed: 1978-05-09 Precedential Status: Precedential Citations: 576 F.2d 562 Docket: 78-1079

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    Corinne Ann Santiago pleaded guilty to possession of cocaine with intent to distribute in the U.S. Virgin Islands. She received an 18 month sentence with all but 6 months suspended. Santiago argued she was denied equal protection since she could have received a lighter sentence under the Federal Youth Corrections Act if convicted in a U.S. state. However, the court affirmed the sentence, finding that while the 5th Amendment applies to the Virgin Islands, Congress is not required to uniformly apply all federal statutes to the territories.

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    16 views2 pages

    United States v. Corinne Ann Santiago, 576 F.2d 562, 3rd Cir. (1978)

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    Corinne Ann Santiago pleaded guilty to possession of cocaine with intent to distribute in the U.S. Virgin Islands. She received an 18 month sentence with all but 6 months suspended. Santiago argued she was denied equal protection since she could have received a lighter sentence under the Federal Youth Corrections Act if convicted in a U.S. state. However, the court affirmed the sentence, finding that while the 5th Amendment applies to the Virgin Islands, Congress is not required to uniformly apply all federal statutes to the territories.

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    of 2

    576 F.

    2d 562

    UNITED STATES of America


    v.
    Corinne Ann SANTIAGO, Appellant.
    No. 78-1079.

    United States Court of Appeals,


    Third Circuit.
    Argued April 26, 1978.
    Decided May 9, 1978.

    Ishmael A. Meyers, U. S. Atty., Thomas K. Moore, Asst. U. S. Atty.,


    Charlotte Amalie, St. Thomas, V. I., for appellee.
    George M. Alexis, U. S. Federal Public Defender, Charlotte Amalie, St.
    Thomas, V. I., for appellant.
    Before GIBBONS, GARTH, and HIGGINBOTHAM, Circuit Judges.
    OPINION OF THE COURT
    PER CURIAM.

    The appellant, Corinne Ann Santiago, pleaded guilty to a charge of possessing


    cocaine with intent to distribute, in violation of 21 U.S.C. 841(a)(1). She was
    sentenced under 18 U.S.C. 4205(c) (1976 ed.). After a report was prepared
    pursuant to that statute, she received a final sentence of eighteen months of
    confinement, with the execution of all but six months suspended.

    If Santiago had been convicted by a United States District Court sitting within
    the territorial limits of the states, she would have been eligible for sentencing
    under the Federal Youth Corrections Act. 18 U.S.C. 5005 et seq. However,
    that Act applies only in the states of the United States and in the District of
    Columbia. 18 U.S.C. 5024. Santiago contends that Congress' failure to extend
    the benefits of that Act to youths convicted of violating federal law in the
    territories of the United States deprives her of equal protection of the laws as
    required by the due process clause of the fifth amendment. That constitutional

    amendment was made applicable to the Virgin Islands by the Revised Organic
    Act of the Virgin Islands, Pub.L. No. 90-496, 11, 82 Stat. 841 (amending 48
    U.S.C. 1561).
    3

    However, Section 11 of the Organic Act did not make all federal statutes
    uniformly applicable to the Virgin Islands. Moreover, Congress is not obliged
    to extend the provisions of every federal statute to the territories. Downes v.
    Bidwell, 182 U.S. 244, 21 S.Ct. 770, 45 L.Ed. 1088 (1901). In this instance
    Congress has declined to extend the Youth Corrections Act to the territories,
    including the Virgin Islands. The judgment appealed from will be affirmed.

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