Well, we finally got an MDLEA case to summarize! Unfortunately, it’s probably one of the shortest decisions from the 11th Circuit that I’ve seen. But since we haven’t had a post in a while, I’ll summarize it anyway. The case is U.S. v. Jimenez Marin, No. 24-10445, 2025 WL 1740834 (11th Cir. June 24, 2025)….
Category: 11th Cir.
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…
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…
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…