In April, we discussed the importance of checking case packages for accuracy to ensure they reflect what occurred during the boarding. Earlier this week, on 12 August 2024, District Judge María Antongiorgi-Jordán in the District of Puerto Rico addressed a similar issue in U.S. v. Thomas Chalwell, et al., No. CR 24-CR-00072, 2024 WL 3755034…
Category: Jurisdiction
11th Circuit addresses MDLEA jurisdiction and district court’s evidentiary decisions
Here’s a recent (sort of) case from the 11th Circuit that addressed MDLEA jurisdiction and evidentiary decisions made by a district court in the Middle District of Florida. The case is United States v. Velez-Acosta, No. 22-13528, 2024 WL 806537 (11th Cir. Feb. 27, 2024) and serves as a reminder of the importance of accuracy…
Defendants in Dávila-Reyes petition for writ of certiorari to SCOTUS
Set your WestLaw and Lexus alerts, folks! On March 4, 2024, the defendants in the Dávila-Reyes case made a bold move by filing a petition for a writ of certiorari to the Supreme Court of the United States. What’s at stake? The defendants want SCOTUS to answer the following: Question I: Does the United States’…
Navigating Oral Claims of Nationality in the First Circuit and the Importance of Corroborating Evidence
In one of the first decisions since the First Circuit issued its opinion in Dávila-Reyes, a District Court for the District of Puerto Rico denied multiple MDLEA defendants’ motions to dismiss in U.S. v. Puello-Morla, et al., 2023 WL 7185323 (D.P.R. November 1, 2023) (Arias-Marxuach). In their motions, defendants argued that because the vessel’s master…
11th Circuit confirms that a flag painted on the hull of a vessel is not “flying” the flag for the purpose of making a “claim of nationality or registry” under the MDLEA
Last March, we wrote an article about what it means to “fly” your nation’s flag under the MDLEA. The article, among other things, summarized the 11th Circuit’s decision in U.S. v. Obando, 891 F.3d 929 (11th Cir. 2018) and looked at how some of the other Circuits address the issue. In a recent decision by…
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!…
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…