Lately, there has been a recurring argument presented by defendants involved in MDLEA prosecutions. In short, the argument asserts that foreign states have exclusive jurisdiction over criminal activity in their exclusive economic zone (EEZ) and thus, U.S. courts lack jurisdiction to hear cases where the criminal conduct—i.e. the MDLEA violation—occurred in that foreign state’s EEZ….
Category: Blog
MDLEA blog posts.
U.S. Government Did Not Violate Fed. R. Crim. P. Rule 5 Even Where Defendants Spent Ten Days at Sea on Three Different Ships
On 13 June 2023, we looked at a Southern District of Florida case where Magistrate Judge Torres decided that the U.S. Government violated Federal Rule of Criminal Procedure 5(a)(1)(B) for an “unnecessary” 11-day delay in presenting defendants to a magistrate judge following a MDLEA interdiction by the U.S. Coast Guard (USCG). Well, just over a…
Florida Court Rules that 11-Day Delay Before Presenting Defendants to Magistrate Judge was Unnecessary and Violates Federal Rule of Criminal Procedure 5
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….
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…
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….
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,…
Section 70504(b) permits prosecution for violations of the MDLEA “in any district” for vessels interdicted on the high seas
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…
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…