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: § 70502
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!…
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….
U.S. v. Barbosa-Rodriguez, — F.Supp.3d —-, 2023 WL 4230143 (D.P.R. June 28, 2023)
United States District Court, D. Puerto Rico UNITED STATES of America, Plaintiff, v. Gustavo BARBOSA-RODRÍGUEZ [1], Eduardo Peterson-Manuel [3], José E. Serrano [5], Defendants. Criminal No. 17-577 (FAB) Signed June 28, 2023 OPINION AND ORDER BESOSA, District Judge. *1 Defendants José E. Serrano (“Serrano”), Eduardo Peterson-Manuel (“Peterson”), and Gustavo Barbosa-Rodríguez (“Barbosa”) [collectively, “the defendants”] move…
Defendants Liable under MDLEA for Acts of Co-Conspirators Committed on High Seas When Foreign State Consents to Jurisdiction
If you’re a self-proclaimed MDLEA enthusiast—and I’m assuming you are, given your interest in this blog—then you’ll appreciate Judge Besosa’s recent decision in U.S. v. Barbosa-Rodriguez, — F.Supp.3d —-, 2023 WL 4230143 (D.P.R. June 28, 2023) where he concludes that Congress did not exceed its authority in enacting the MDLEA and denies defendants’ motion to…
U.S. v. Iona-Dejesus, No. 22-20473-CR, 2023 WL 3980082 (S.D. Fla. May 4, 2023)
MDLEA Blog Note: Magistrate Judge Torres’s report and recommendation was adopted by District Court Judge Gayles in its entirety on 13 June 2023. The full citation is, U.S. v. Iona-Dejesus, No. 22-20473-CR, 2023 WL 3980082 (S.D. Fla. May 4, 2023), report and recommendation adopted sub nom. U.S. v. Iona-Dejesus, et al., No. 22-20473-CR, 2023 WL 3971129 (S.D….
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…