A recent 5th Circuit decision, U.S. v. Posligua, 2025 WL 927324, No. 22-40393, (5th Cir. March 27, 2025), provides a nuanced look at whether judges must make a determination as to jurisdiction prior to taking certain actions (i.e. a change of plea) in MDLEA cases. Posligua, an Ecuadorian fisherman, was interdicted by the Coast Guard…
Category: Circuit Courts
11th Circuit addresses MDLEA jurisdiction and district court’s evidentiary decisions
Here’s a recent (sort of) case from the 11th Circuit that addressed MDLEA jurisdiction and evidentiary decisions made by a district court in the Middle District of Florida. The case is United States v. Velez-Acosta, No. 22-13528, 2024 WL 806537 (11th Cir. Feb. 27, 2024) and serves as a reminder of the importance of accuracy…
11th Circuit confirms that a flag painted on the hull of a vessel is not “flying” the flag for the purpose of making a “claim of nationality or registry” under the MDLEA
Last March, we wrote an article about what it means to “fly” your nation’s flag under the MDLEA. The article, among other things, summarized the 11th Circuit’s decision in U.S. v. Obando, 891 F.3d 929 (11th Cir. 2018) and looked at how some of the other Circuits address the issue. In a recent decision by…
Unpacking the First Circuit’s Ruling in United States v. Dávila-Reyes: MDLEA Challenges, International Law, and Constitutional Considerations
Apologies for the hiatus, MDLEA fans! Life’s been a whirlwind lately with work commitments, the holidays, and other adventures keeping me on my toes. But here I am, back and ready to dive into a few MDLEA cases. Also, happy new year to all of you—may it bring joy, success, and countless opportunities your way!…
First Circuit issues decision in United States v. Dávila-Reyes
I haven’t had the opportunity to conduct a thorough analysis of the lengthy ruling in United States v. Dávila-Reyes from the First Circuit. However, I’ve attached the decision for all our MDLEA enthusiasts to enjoy. The decision should make for some engaging bedtime reading! Link: MDLEA_Blog-First_Circuit-Dávila-Reyes
Second Circuit rules that the MDLEA does not require a nexus for stateless vessels and that Congress did not exceed its authority under Article I of the Constitution in enacting the MDLEA
It’s been about four months since we’ve seen a circuit court decision concerning the MDLEA. Well, the wait is over. The Second Circuit recently had to address the Constitutionality of prosecuting co-conspirators for their land-based activities under the Maritime Drug Law Enforcement Act (MDLEA) in United States v. Antonius, No. 21-1083, 2023 WL 4410951 (2d…
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,…
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…
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…