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…
Author: Sean Gajewski
Attorney
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….
United States v. Liver Gruezo, 66 F.4th 1284 (11th Cir. 2023)
United States Court of Appeals, Eleventh Circuit. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LIVER GRUEZO, Defendant-Appellant. No. 22-11342 March 30, 2023 Appeal from the United States District Court for the Southern District of Florida, D.C. Docket No. 1:21-cr-20327-KMM-3 Before NEWSOM, GRANT, and HULL, Circuit Judges. Opinion PER CURIAM: *1 Defendant Liver Gruezo appeals his convictions…
Eleventh Circuit Affirms MDLEA Jurisdiction Despite Discrepancy Between Two Coast Guard Reports Concerning a Vessel’s Nationality
If you’ve ever litigated an MDLEA case, you’ve likely seen the various reports (or case package) that the Coast Guard completes during the boarding. Well, sometimes there are discrepancies in those reports requiring factual findings by a court concerning the credibility of the boarding officer (“BO”). That’s exactly what happened in U.S. v. Liver Gruezo,…
What does it mean to “fly” your nation’s flag pursuant to the MDLEA?
When arguing (or teaching) issues of the MDLEA, we tend to over-think much of the statute’s language, largely due to the seemingly expansive breadth and extraterritorial application of it. However, the question of whether a vessel is “flying” a flag in accordance with the MDLEA (and international law) is an easy one to answer. Luckily,…
United States v. Munoz, No. 3:21-CR-0001, 2023 WL 1997379 (D.V.I. Feb. 14, 2023)
UNITED STATES of America, Plaintiff, v. Randar Vasquez MUNOZ, Defendant. Case No. 3:21-cr-0001 Signed February 14, 2023 MEMORANDUM OPINION MOLLOY, Chief Judge. *1 BEFORE THE COURT is Defendant Randar Vasquez Munoz’s Motion to Dismiss for Improper Venue or in the alternative a Motion to Transfer Venue. (ECF No. 25.) For the reasons stated below, the…
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…
United States v. Rodriguez-Diaz, No. 8:18-CR-343-SDM-MRM, 2023 WL 2264140, at *2 (M.D. Fla. Feb. 28, 2023)
United States District Court, M.D. Florida, Tampa Division. UNITED STATES of America v. Domingo RODRIGUEZ-DIAZ Case No. 8:20-cv-430-SDM-MRM, 8:18-cr-343-SDM-MRM Signed February 28, 2023 STEVEN D. MERRYDAY, UNITED STATES DISTRICT JUDGE *1 Rodriguez moves under 28 U.S.C. § 2255 (Doc. 1) to vacate and challenges the validity of his conviction for conspiracy to possess with the…
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…