The Coast Guard Authorization Act (CGAA) of 2024 brings several changes aimed at enhancing the MDLEA. The proposed changes by the 118th Congress are the following: Section 70503(a) of title 46, United States Code, is amended- (1) in the matter preceding paragraph (1) by striking ‘While on board a covered vessel, an individual’ and inserting…
Category: MDLEA
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…
Defendants in Dávila-Reyes petition for writ of certiorari to SCOTUS
Set your WestLaw and Lexus alerts, folks! On March 4, 2024, the defendants in the Dávila-Reyes case made a bold move by filing a petition for a writ of certiorari to the Supreme Court of the United States. What’s at stake? The defendants want SCOTUS to answer the following: Question I: Does the United States’…
Navigating Oral Claims of Nationality in the First Circuit and the Importance of Corroborating Evidence
In one of the first decisions since the First Circuit issued its opinion in Dávila-Reyes, a District Court for the District of Puerto Rico denied multiple MDLEA defendants’ motions to dismiss in U.S. v. Puello-Morla, et al., 2023 WL 7185323 (D.P.R. November 1, 2023) (Arias-Marxuach). In their motions, defendants argued that because the vessel’s master…
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…
Changes to the Section 70502(d)(1) of the MDLEA pursuant to the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Apologies for the delay in sharing this update; I had a draft and never posted it. On December 23, 2022, President Biden signed into law the Fiscal Year 2023 National Defense Authorization Act (NDAA) under the official name Public Law No: 117-263. This Act is also known as the James M. Inhofe National Defense Authorization…
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!…
What does it mean when a vessel is outfitted for smuggling?
MDLEA’s Section 70503(a)(3) makes it illegal for an individual to “knowingly or intentionally … conceal, or attempt or conspire to conceal, more than $100,000 in currency … aboard the covered vessel if that vessel is outfitted for smuggling.” But what does it mean for a vessel to be “outfitted for smuggling[?]” A recent District Court…
Simple possession of controlled substances under the MDLEA
Let’s start by limiting the scope of this post. This post is only going provide information for simple possession under the MDLEA, not under Title 21. See e.g., 21 U.S.C. § 844 (“It shall be unlawful for any person knowingly or intentionally to possess a controlled substance…”). In general, extraterritorial application of federal criminal law…
Judge Besosa in the District of Puerto Rico issues two decisions concerning the Constitutionality of the MDLEA
Judge Besosa in the District of Puerto Rico issued two recent decisions that address, among other things, arguments against the Constitutionality of the MDLEA: (1) U.S. v. Hernandez-Gamboa, No. CR 21-323 (FAB), 2023 WL 5199393 (D.P.R. Aug. 14, 2023); and (2) U.S. v. Martinez-Felipe, et al., No. CR 20-359 (FAB), 2023 WL 5290124 (D.P.R. Aug….