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!…
Category: MDLEA
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….
U.S. v. Osvaldo Gonzalez, No. 22-cr-20350-ALTMAN, 2023 WL 4580901 (S.D.Fla. July 18, 2023)
UNITED STATES OF AMERICA, v. OSVALDO GONZALEZ, HUMBERTO VASQUEZ DIAZ, and ANGEL GABRIEL PALANCO, Defendants. CASE NO. 22-cr-20350-ALTMAN 07/18/2023 ROY K. ALTMAN, UNITED STATES DISTRICT JUDGE ORDER *1 The Defendants, interdicted at sea on a vessel carrying huge amounts of cocaine, are charged with conspiring to possess a controlled substance aboard a vessel subject to…
Southern District of Florida Court evaluates speedy trial requirement in relation to MDLEA interdictions
The convergence of the Sixth Amendment’s speedy trial requirement and the delay before presentment following an MDLEA interdiction often raises complex issues. On one hand, the government must have the ability to continue its mission of countering drug smuggling without overly disrupting its operations following an interdiction. On the other hand, individuals apprehended during these…
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…
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. Mariani-Romero, et al., No. 22-313 (FAB), 2022 WL 20184569 (D.P.R. June 22, 2023)
UNITED STATES OF AMERICA, Plaintiff, v. JAINANT JOSUÉ MARIANI-ROMERO, et al., Defendants. Criminal No. 22-313 (FAB) June 22, 2023 MEMORANDUM AND ORDER FRANCISCO A. BESOSA SENIOR UNITED STATES DISTRICT JUDGE *1 Before the Court is defendant Jainant Josué Mariani-Romero (“Mariani”)’s motion to dismiss. The motion was joined by defendants José Alejandro Martínez-Peralta (Martínez) and Ariel…