Background
Three defendants appealed convictions for conspiracy and possession with intent to distribute cocaine on board a vessel in Colombia’s exclusive economic zone. They challenged the court’s subject-matter jurisdiction, arguing the offense occurred outside the high seas, the vessel had a nationality, foreign enforcement actions precluded jurisdiction, and due process rights were violated by the lack of reverse Miranda warnings and nexus to the United States.
The court’s reasoning
The court adhered to prior precedent holding that the high seas include exclusive economic zones under the Felonies Clause. It found the district court’s factual determination that the vessel was stateless was not clearly erroneous because the master failed to claim nationality when asked. The court ruled that Dutch involvement in the enforcement action did not defeat jurisdiction as United States officers maintained tactical control. Finally, the court rejected vagueness and due process challenges, noting that the statute provides sufficient notice and that a nexus to the United States is not required for MDLEA prosecutions.
What it means going forward
The ruling reinforces the Eleventh Circuit’s authority to prosecute drug trafficking in foreign exclusive economic zones and clarifies that failure to claim vessel nationality renders a vessel subject to United States jurisdiction.