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…
Author: Sean Gajewski
Attorney
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!…
First Circuit issues decision in United States v. Dávila-Reyes
I haven’t had the opportunity to conduct a thorough analysis of the lengthy ruling in United States v. Dávila-Reyes from the First Circuit. However, I’ve attached the decision for all our MDLEA enthusiasts to enjoy. The decision should make for some engaging bedtime reading! Link: MDLEA_Blog-First_Circuit-Dávila-Reyes
What is hot pursuit in the maritime domain?
United Nations Convention on the Law of the Sea (UNCLOS) allows a state to extend their coastal state authority beyond its territorial seas in limited circumstances. Article 111, which allows for the right of hot pursuit, is one of those situations, and the right of hot pursuit is an exception to the general rule that a…
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…