UNITED STATES v. GERANDINO ARACENA (2019)

OPINION *

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, 917 F.3d 757, 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. 917 F.3d at 758, at *4; see 917 F.3d at 757–59, *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. 917 F.3d at 755–56, at *2–3. We will therefore affirm the judgment of conviction and sentence.

HARDIMAN, Circuit Judge.