Maritime Drug Law Enforcement Act

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§ 70505 – Failure to comply with international law as a defense

46 U.S.C. § 70505

A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.

Effective as of October 13, 2008. 

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Latest Decisions

  • United States v. Velez-Acosta, No. 22-13528, 2024 WL 806537 (11th Cir. Feb. 27, 2024)
  • U.S. v. Osvaldo Gonzalez, No. 22-cr-20350-ALTMAN, 2023 WL 4580901 (S.D.Fla. July 18, 2023)
  • U.S. v. Barbosa-Rodriguez, — F.Supp.3d —-, 2023 WL 4230143 (D.P.R. June 28, 2023)
  • U.S. v. Mariani-Romero, et al., No. 22-313 (FAB), 2022 WL 20184569 (D.P.R. June 22, 2023)
  • U.S. v. Iona-Dejesus, No. 22-20473-CR, 2023 WL 3980082 (S.D. Fla. May 4, 2023)

Disclaimer

This blog is written by an attorney employed by the U.S. Government. However, all views expressed on this website are mine and should not be construed as the views of the U.S. Government, including the U.S. Coast Guard.

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