Jose Salas-Borrego was convicted in the Southern District of Florida for conspiracy to possess with intent to distribute cocaine and for substantive possession of cocaine aboard a vessel subject to U.S. jurisdiction. The government seized the vessel in the exclusive economic zone of the Dominican Republic. Salas-Borrego appealed, arguing that the Maritime Drug Law Enforcement Act (MDLEA) lacked authority to prosecute him for conduct on the high seas, that the statute was unconstitutional regarding vessels without nationality, and that it violated due process by lacking a nexus to the United States. The government moved for summary affirmance, citing binding precedent.
The court reviewed the defendant's claims de novo, relying on its prior panel decisions in United States v. Alfonso and United States v. Canario-Vilomar. First, regarding the location of the offense, the court held that a nation's exclusive economic zone is part of the 'high seas' for purposes of the Constitution's Felonies Clause. The court clarified that international law does not limit Congress's power to define and punish felonies committed on the high seas, meaning the MDLEA applies even when conduct occurs in an exclusive economic zone. Second, concerning the definition of a vessel without nationality, the court rejected the argument that the statute's definition was ultra vires. Citing Alfonso, the court reasoned that because the Felonies Clause is not limited by customary international law, Congress retains the authority to define what constitutes a stateless vessel for the purposes of the MDLEA, regardless of whether the vessel is stateless under international law. Third, regarding the due process claim, the court noted that the MDLEA does not require a nexus to the United States. The court emphasized that universal and protective principles support the statute's extraterritorial reach, a position previously established in Canario-Vilomar. The court concluded that Salas-Borrego's arguments were categorically foreclosed by these binding precedents.
The decision affirms the defendant's convictions and reinforces the Eleventh Circuit's stance that the MDLEA applies broadly to drug trafficking in exclusive economic zones and on vessels that fail to claim nationality. It closes off arguments regarding the statute's reach in these zones and its definition of stateless vessels, leaving no open questions on these specific points under current precedent. The case is remanded with instructions to affirm the district court's judgment.
Podcast (federal-narrative-summaries): Play in new window | Download