128 F.4th 1374
11th Cir.2025Background
- Two defendants, Lemus and Canario-Vilomar, were convicted under the Maritime Drug Law Enforcement Act (MDLEA) for cocaine-related offenses on vessels intercepted in international waters near Panama and Colombia.
- Both vessels claimed a nationality (Colombia and the Dominican Republic, respectively), but the purported nations could neither confirm nor deny the registration, leading the U.S. to deem the vessels as "without nationality" for MDLEA jurisdiction.
- Both defendants pled guilty, but later challenged their convictions, arguing the MDLEA exceeds congressional authority, particularly in how it defines "vessel without nationality" and its application within a foreign nation's Exclusive Economic Zone (EEZ).
- They argued that the MDLEA's jurisdiction over vessels not stateless under international law and actions in the EEZ violated constitutional and due process principles.
- The district court denied their motions to dismiss, finding both the statute and its application constitutional; both defendants timely appealed, and their cases were consolidated.
Issues
| Issue | Lemus/Canario-Vilomar's Argument | Government's Argument | Held |
|---|---|---|---|
| Scope of Congressional authority under Felonies Clause | Congress exceeded authority by defining "vessel without nationality" beyond international law | Authority is not limited by international law | Authority not limited by international law |
| Definition of "high seas" (EEZ coverage) | EEZ is not part of high seas under international law; no jurisdiction | High seas includes EEZ for MDLEA purposes | EEZ is part of high seas for MDLEA |
| Due process and nexus to U.S. | MDLEA violates due process by lacking nexus to U.S. for foreign nationals | Bound by precedent allowing extraterritorial reach | Precedent forecloses due process argument |
Key Cases Cited
- United States v. Campbell, 743 F.3d 802 (11th Cir. 2014) (upheld extraterritorial MDLEA convictions under Felonies Clause)
- United States v. Bellaizac-Hurtado, 700 F.3d 1245 (11th Cir. 2012) (distinguished Offenses Clause from Felonies Clause in scope)
- United States v. De La Garza, 516 F.3d 1266 (11th Cir. 2008) ("vessel subject to jurisdiction" is a subject matter question)
- United States v. McPhee, 336 F.3d 1269 (11th Cir. 2003) (waters beyond 12 miles are international/high seas for MDLEA)
- United States v. Marino-Garcia, 679 F.2d 1373 (11th Cir. 1982) (stateless vessels in international waters are subject to U.S. prosecution)
- United States v. Hernandez, 864 F.3d 1292 (11th Cir. 2017) (defendants have no standing to raise international law violations under MDLEA)