This case pertains to a matter that has previously garnered media attention in “The Coast Guard’s ‘Floating Guantánamos’”. If you haven’t read that article, I highly suggest you head over to the New York Times’ website and do so before coming back to finish this post. In general, “Floating Guantánamos” and the decision, U.S. v….
Author: Sean Gajewski
Attorney
U.S. v. Menas Asprilla, et al., No. 22-20013-CR, 2023 WL 3496459 (S.D. Fla. May 17, 2023)
UNITED STATES OF AMERICA, v. ELIEZER MENAS ASPRILLA, Register No. 02671-506, JULIO CESAR RAMIREZ MOTA, Register No. 02665-506, HENNY MANUEL CASTRO RAMIREZ, Register No. 02669-506, and DANNY ALEXANDER CARRERA-BERNABE, Register No. 02661-506, Defendants. CASE NO: 22-20013-CR-ALTMAN 05/17/2023 ROY K. ALTMAN, UNITED STATES DISTRICT JUDGE ORDER *1 After an hours-long evidentiary hearing—the first of two—we dismissed…
Southern District of Florida rules government failed to establish subject-matter jurisdiction by not asking the right questions during interdiction
Here is a holding you don’t see every day. In a rare and lengthy (20+ pages) ruling, U.S. v. Menas Asprilla, et al., No. 22-20013-CR, 2023 WL 3496459 (S.D. Fla. May 17, 2023), a district court in the Southern District of Florida dismissed an indictment due to the Government’s failure to establish subject-matter jurisdiction. The…
U.S. v. Hernandez Osorio, et al., 2023 WL 2915838, No. 22-cr-20592-BLOOM (SDFL April 12, 2023).
UNITED STATES of America, Plaintiff, v. Jesus Albeto HERNANDEZ OSORIO, Luis Vidal Vasquez Vasquez, Oscar Jose Carreno Fernandez, Luis Jose Alfonzo Rodriguez, Defendants. Case No. 22-cr-20592-BLOOM Entered April 12, 2023 OMNIBUS ORDER ON MOTIONS TO DISMISS INDICTMENT BETH BLOOM, UNITED STATES DISTRICT JUDGE *1 THIS CAUSE is before the Court upon Defendant Jesus Alberto Hernandez…
The “High Seas” Includes Another Nation’s Exclusive Economic Zone
A Southern District of Florida (“SDFL”) court recently considered several commonly raised arguments by defendants charged under the MDLEA. These arguments seek to dismiss indictments on the grounds of lack of jurisdiction, alleging that the U.S. Coast Guard did not ask the appropriate questions during the initial boarding process and that the MDLEA does not…
Coast Guard Authorization Act of 2023 Proposes Change to Section 70503 Creating a New Offense
In the first session of the 118th Congress, the Coast Guard Authorization Act of 2023 seeks, among numerous other changes, an amendment to 46 U.S.C. § 70503 that would create a new offense prosecutable under the MDLEA. In its entirety, section of 333 of the Act states the following: SEC. 333. CONTROLLED SUBSTANCE ONBOARD VESSELS….
United States v. Liver Gruezo, 66 F.4th 1284 (11th Cir. 2023)
United States Court of Appeals, Eleventh Circuit. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LIVER GRUEZO, Defendant-Appellant. No. 22-11342 March 30, 2023 Appeal from the United States District Court for the Southern District of Florida, D.C. Docket No. 1:21-cr-20327-KMM-3 Before NEWSOM, GRANT, and HULL, Circuit Judges. Opinion PER CURIAM: *1 Defendant Liver Gruezo appeals his convictions…
Eleventh Circuit Affirms MDLEA Jurisdiction Despite Discrepancy Between Two Coast Guard Reports Concerning a Vessel’s Nationality
If you’ve ever litigated an MDLEA case, you’ve likely seen the various reports (or case package) that the Coast Guard completes during the boarding. Well, sometimes there are discrepancies in those reports requiring factual findings by a court concerning the credibility of the boarding officer (“BO”). That’s exactly what happened in U.S. v. Liver Gruezo,…
What does it mean to “fly” your nation’s flag pursuant to the MDLEA?
When arguing (or teaching) issues of the MDLEA, we tend to over-think much of the statute’s language, largely due to the seemingly expansive breadth and extraterritorial application of it. However, the question of whether a vessel is “flying” a flag in accordance with the MDLEA (and international law) is an easy one to answer. Luckily,…
United States v. Munoz, No. 3:21-CR-0001, 2023 WL 1997379 (D.V.I. Feb. 14, 2023)
UNITED STATES of America, Plaintiff, v. Randar Vasquez MUNOZ, Defendant. Case No. 3:21-cr-0001 Signed February 14, 2023 MEMORANDUM OPINION MOLLOY, Chief Judge. *1 BEFORE THE COURT is Defendant Randar Vasquez Munoz’s Motion to Dismiss for Improper Venue or in the alternative a Motion to Transfer Venue. (ECF No. 25.) For the reasons stated below, the…