This consolidated appeal involves three defendants—Angelo Martinez, Eric Manuel Suero Terrero, and Justo Matos Pena—who were prosecuted under the Maritime Drug Law Enforcement Act (MDLEA). In January 2022, U.S. Customs and Border Protection detected the defendants in a go-fast vessel approximately 158 nautical miles southeast of the Dominican Republic. The Coast Guard intercepted the vessel, recovered 375 kilograms of cocaine, and arrested the defendants. Martinez claimed the vessel was registered in Colombia, but Colombia declined to confirm the registration. The defendants were charged with conspiracy to possess and distribute cocaine aboard a vessel subject to U.S. jurisdiction. They moved to dismiss the indictment, arguing the MDLEA was unconstitutional because the vessel was in the Dominican Republic's Exclusive Economic Zone (EEZ) rather than the high seas, and because the vessel's status as 'stateless' violated international law limits on Congress's power. They also challenged the lack of a nexus to the United States. After the district court denied the motion to dismiss, the defendants pleaded guilty. The district court sentenced Martinez to 108 months, Suero Terrero to 96 months, and Matos Pena to 144 months, with varying terms of supervised release. Suero Terrero specifically argued he deserved a minor-participant reduction and that recent Sentencing Guidelines amendments should apply retroactively to lower his sentence.
The court addressed the constitutional challenges first, noting that the defendants acknowledged binding precedent, specifically United States v. Alfonso, forecloses their arguments. Regarding the Felonies Clause, the court held that a nation's Exclusive Economic Zone is part of the 'high seas' for constitutional purposes, distinguishing the Offences Clause limitations found in United States v. Bellaizac-Hurtado, which applied to territorial waters. The court affirmed that international law does not limit Congress's power under the Felonies Clause to prosecute drug trafficking on the high seas. Second, the court addressed the definition of a 'stateless vessel.' It ruled that under the MDLEA, a vessel is stateless if the claimed nation of registry does not affirmatively confirm the registration. The court held that international law cannot limit Congress's authority to define stateless vessels for MDLEA purposes, citing United States v. Canario-Vilomar. Third, the court rejected the due process argument that a nexus to the United States is required, stating that drug trafficking on the high seas presents a specific threat to U.S. security and that Congress has the authority to prosecute such conduct without a specific nexus. Finally, the court reviewed Suero Terrero's claim for a minor-participant reduction. Applying the clear error standard and the Rodriguez De Varon factors, the court found the district court did not err in denying the reduction, noting the significant amount of drugs involved and that Suero Terrero was not substantially less culpable than other participants. The court also addressed the retroactivity of Amendment 833 to the Sentencing Guidelines. Applying the factors from United States v. Jerchower, the court concluded the amendment was substantive because it altered the text, expanded the circumstances for adjustments, was not listed as retroactive, and abrogated circuit precedent regarding the comparison to other participants. Therefore, the amendment did not apply retroactively.
The district court's judgments remain in full force without modification. The decision reinforces the Eleventh Circuit's precedent that the MDLEA applies to vessels in foreign Exclusive Economic Zones and that vessels with unconfirmed registries are subject to U.S. jurisdiction. It also establishes that Amendment 833 to the Sentencing Guidelines is substantive, meaning defendants sentenced before November 1, 2025, cannot rely on it to seek sentence reductions for minor-participant status. The case is remanded with instructions to affirm the district court's sentencing and convictions.
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