United States v. Cristian Viera-Gongora
22-11338
11th Cir.Mar 21, 2025Background
- Cristian Viera-Gongora, Virgilio Valencia-Gamboa, and Pablo David Zamora-Miranda were convicted of conspiracy and possession with intent to distribute cocaine while on a vessel subject to U.S. jurisdiction.
- They challenged their convictions on three grounds: constitutional overreach by Congress, jury instruction errors, and a Speedy Trial Act violation.
- The case was heard on appeal before the Eleventh Circuit, with judgment issued per curiam.
- The Maritime Drug Law Enforcement Act (MDLEA) was central to the dispute, especially regarding Congress's authority to define certain vessels as "without nationality."
- The district court had denied the defendants’ requests related to jury instructions and testimony about their knowledge of the drug's type and weight, as well as Viera-Gongora’s motion to dismiss based on the Speedy Trial Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Congress's authority under the Felonies Clause | Definition of "vessel without nationality" exceeds constitutional power, based on international law limits | Congress acted within its authority under the Constitution | Court precedent upholds Congress’s authority, argument foreclosed |
| Jury instructions and testimony on drug type/weight | Requested jury instructions and testimony on mens rea for drug type and amount | Government only needs to prove defendants knew they transported a controlled substance | Court found no error; specific mens rea not required as per precedent |
| Speedy Trial Act violation | Argued 70-day clock started before arraignment in Middle District | Clock starts at arraignment before district judge where charge is pending | No violation; clock began as statute requires |
Key Cases Cited
- United States v. Ruiz, 59 F.3d 1151 (11th Cir. 1995) (right to instruction on theory of defense and standard for reversal)
- United States v. Nunez, 1 F.4th 976 (11th Cir. 2021) (government must only prove knowledge of controlled substance, not specific type)
- McFadden v. United States, 576 U.S. 186 (2015) (explains mens rea requirements for drug offenses)
- United States v. Colston, 4 F.4th 1179 (11th Cir. 2021) (reiterates knowledge requirement under MDLEA)
- United States v. Wilkerson, 170 F.3d 1040 (11th Cir. 1999) (clarifies triggering event for Speedy Trial Act clock)