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…
Category: MDLEA
District of Puerto Rico Court Holds § 70502(d)(1)(C) Complies with International Law
In her recent decision on a motion to dismiss, Hon. Silvia Carreño-Coll did not agree with defendants’ argument that the government lacked jurisdiction under § 70502(d)(1)(C) of the Maritime Drug Law Enforcement Act (MDLEA) despite the decision in U.S. v. Dávila-Reyes, 23 F.4th 153 (1st Cir. 2022) still pending with the First Circuit. The facts…
Eleventh Circuit Finds U.S. Agreements with Foreign States Sufficient to Confer Jurisdiction
In a short decision, the Court of Appeals for the Eleventh Circuit held that agreements (often called “Bilateral Agreements) between the United States and foreign states/nations are sufficient to establish how a foreign nation can consent and waive objections to jurisdiction under the MDLEA. In United States v. Zapata, the USCG interdicted a sailing vessel…
Eleventh Circuit Affirms District Court’s Denial of Minor Role Reduction
Takeaway: Crewmembers on a small go-fast vessel caught smuggling narcotics in international waters are not simply couriers; thus, they are not entitled to a minimal- or minor-role reduction pursuant to USSG § 3B1.2. In a case with familiar facts to most MDLEA attorneys, the Eleventh Circuit affirmed the lower court’s denial of a minor reduction…
Eleventh Circuit Affirms District Court’s Drug Weight Calculation for Jettisoned Contraband
Takeaway: (1) IONSCAN technology is sufficiently reliable for admission at trial in MDLEA cases, and (2) based the evidence available (i.e. testimony of the size and number of packages jettisoned), a court can reasonably calculate the quantity of narcotics trafficked even if they are jettisoned and unable to be recovered. The Eleventh Circuit’s decision in…
First Circuit Rules Safety-Valve Provision Did Not Apply to MDLEA
Take-away: At time of defendant’s sentencing in June 2018, the statutory safety-valve provision, which allowed relief from statutory mandatory minimum sentences, did not apply to offenses under the Maritime Drug Law Enforcement Act (MDLEA). This case stems a December 11, 2017 interdiction by the U.S. Coast Guard (USCG). The USCG intercepted a go-fast vessel in the…