UNITED STATES of America, Plaintiff, v. Jesus Albeto HERNANDEZ OSORIO, Luis Vidal Vasquez Vasquez, Oscar Jose Carreno Fernandez, Luis Jose Alfonzo Rodriguez, Defendants. Case No. 22-cr-20592-BLOOM Entered April 12, 2023 OMNIBUS ORDER ON MOTIONS TO DISMISS INDICTMENT BETH BLOOM, UNITED STATES DISTRICT JUDGE *1 THIS CAUSE is before the Court upon Defendant Jesus Alberto Hernandez…
Category: § 70503
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….
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…
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…
Eleventh Circuit Affirms District Court’s Drug Weight Calculation for Jettisoned Contraband
Takeaway: (1) IONSCAN technology is sufficiently reliable for admission at trial in MDLEA cases, and (2) based the evidence available (i.e. testimony of the size and number of packages jettisoned), a court can reasonably calculate the quantity of narcotics trafficked even if they are jettisoned and unable to be recovered. The Eleventh Circuit’s decision in…
First Circuit Rules Safety-Valve Provision Did Not Apply to MDLEA
Take-away: At time of defendant’s sentencing in June 2018, the statutory safety-valve provision, which allowed relief from statutory mandatory minimum sentences, did not apply to offenses under the Maritime Drug Law Enforcement Act (MDLEA). This case stems a December 11, 2017 interdiction by the U.S. Coast Guard (USCG). The USCG intercepted a go-fast vessel in the…