Tuesday, October 21

Court upholds conviction of man caught trafficking cocaine on international waters near Florida

MIAMI, FL – The Eleventh Circuit Court of Appeals has affirmed the conviction of Oswaldo Gonzalez, who was found guilty of conspiring to traffic cocaine while aboard a vessel in waters subject to U.S. jurisdiction under the Maritime Drug Law Enforcement Act (MDLEA).

Gonzalez challenged the constitutionality of the MDLEA and the court’s jurisdiction, arguing that the statute unlawfully applies to conduct within another country’s exclusive economic zone (EEZ) and that international law should limit U.S. enforcement. He also argued a U.S. nexus was required for due process.

The appellate court rejected those arguments, citing binding precedent. In previous cases like United States v. Alfonso and United States v. Canario-Vilomar, the court ruled that the MDLEA is a valid use of congressional power under the Constitution’s Felonies Clause and that EEZs are considered part of the high seas for these purposes. The court emphasized that Congress is not bound by international law in such cases.

The decision affirms Gonzalez’s conviction from the Southern District of Florida under 46 U.S.C. §§ 70503(a)(1), 70506(b).

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