At times it is hard to understand why a defendant who is caught violating the MDLEA in the Pacific Ocean (i.e. near Columbia) is brought over 2000 miles to the east coast of the United States (i.e. Florida or Puerto Rico) for prosecution. The justification? As explained in a recent decision by a District Court…
Author: Sean Gajewski
Attorney
United States v. Rodriguez-Diaz, No. 8:18-CR-343-SDM-MRM, 2023 WL 2264140, at *2 (M.D. Fla. Feb. 28, 2023)
United States District Court, M.D. Florida, Tampa Division. UNITED STATES of America v. Domingo RODRIGUEZ-DIAZ Case No. 8:20-cv-430-SDM-MRM, 8:18-cr-343-SDM-MRM Signed February 28, 2023 STEVEN D. MERRYDAY, UNITED STATES DISTRICT JUDGE *1 Rodriguez moves under 28 U.S.C. § 2255 (Doc. 1) to vacate and challenges the validity of his conviction for conspiracy to possess with the…
Defendants Can’t Challenge Non-Jurisdictional Defects After Pleading Guilty in the Middle District of Florida
A trail court in the Middle District of Florida confirms that defendants can’t challenge non-jurisdictional defects after they have plead guilty. The facts here are nothing knew to readers of the MDLEA blog: “While on routine patrol, the CGC Hamilton detected two [go-fast vessels (GFVs)] with bales of suspected contraband on deck approximately 500 yards…
U.S. v. Escalona-Reid, et al., 2022 WL 17541746, No. 20-203-SCC (D.P.R. Dec 8, 2022)
United States District Court, D. Puerto Rico. United States of America, Plaintiff, v. Willmer Dimitri Escalona-Reid [1] and Richard Bernand [3], Defendants. Crim. No. 20-203 (SCC) Filed 12/08/2022 OPINION AND ORDER SILVIA CARREÑO-COLL UNITED STATES DISTRICT COURT JUDGE *1 Mr. Escalona and Mr. Bernand have moved to dismiss the Indictment on the ground that the…
District of Puerto Rico Court Holds § 70502(d)(1)(C) Complies with International Law
In her recent decision on a motion to dismiss, Hon. Silvia Carreño-Coll did not agree with defendants’ argument that the government lacked jurisdiction under § 70502(d)(1)(C) of the Maritime Drug Law Enforcement Act (MDLEA) despite the decision in U.S. v. Dávila-Reyes, 23 F.4th 153 (1st Cir. 2022) still pending with the First Circuit. The facts…
United States v. Zapata, No. 20-10385, 2021 WL 4947103 (11th Cir. Oct. 25, 2021)
United States Court of Appeals, Eleventh Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Lelia Vanessa Perdomo ZAPATA, Defendant-Appellant. No. 20-10385 Filed: 10/25/2021 Appeal from the United States District Court for the Middle District of Florida, D.C. Docket No. 8:19-cr-00132-SCB-AAS-2 PER CURIAM: *1 Lelia Vanessa Perdomo Zapata appeals her convictions for conspiracy to possess with intent…
Eleventh Circuit Finds U.S. Agreements with Foreign States Sufficient to Confer Jurisdiction
In a short decision, the Court of Appeals for the Eleventh Circuit held that agreements (often called “Bilateral Agreements) between the United States and foreign states/nations are sufficient to establish how a foreign nation can consent and waive objections to jurisdiction under the MDLEA. In United States v. Zapata, the USCG interdicted a sailing vessel…
Eleventh Circuit Affirms District Court’s Denial of Minor Role Reduction
Takeaway: Crewmembers on a small go-fast vessel caught smuggling narcotics in international waters are not simply couriers; thus, they are not entitled to a minimal- or minor-role reduction pursuant to USSG § 3B1.2. In a case with familiar facts to most MDLEA attorneys, the Eleventh Circuit affirmed the lower court’s denial of a minor reduction…
United States v. Carabali Montano, — Fed.Appx. —- (11th Cir. July 19, 2021)
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. EULOGIO CARABALI MONTANO, Defendant-Appellant. No. 20-13713 (July 19, 2021) Appeal from the United States District Court for the Middle District of Florida Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges. Opinion PER CURIAM: *1 Eulogio Carabali Montano appeals his 151-month sentence for conspiracy to possess and possession with intent to…
Eleventh Circuit Affirms District Court’s Drug Weight Calculation for Jettisoned Contraband
Takeaway: (1) IONSCAN technology is sufficiently reliable for admission at trial in MDLEA cases, and (2) based the evidence available (i.e. testimony of the size and number of packages jettisoned), a court can reasonably calculate the quantity of narcotics trafficked even if they are jettisoned and unable to be recovered. The Eleventh Circuit’s decision in…