United States v. Liver Gruezo, 66 F.4th 1284

Background

Gruezo was indicted for (1) conspiracy to possess with intent to distribute ≥5 kg of cocaine on a vessel subject to U.S. jurisdiction and (2) possession with intent to distribute ≥5 kg of cocaine on such a vessel; offense occurred May 5, 2021 in international waters near Darwin Island, Ecuador.
Coast Guard boarded a low-profile vessel that had no visible name, registration, flag, or other indicia of nationality; the master (Estupinan) did not claim a nationality when asked.
Government reports included a Victor Report (stating no registry) and an Alpha Report (erroneously listing Colombian nationality); Coast Guard Petty Officer Rivera testified the Alpha Report contained a transcription error.
Gruezo pled guilty without a written plea agreement and stipulated facts about the vessel’s lack of indicia of nationality and the discovery of ≈1,390 kg of cocaine.
At sentencing the PSR yielded an adjusted offense level of 33 (guideline range 135–168 months); Gruezo sought a two-level minor-role reduction under U.S.S.G. §3B1.2.
District court denied the motion to dismiss (MDLEA jurisdiction), accepted the guilty plea, denied the minor-role reduction, and sentenced Gruezo to 135 months; Eleventh Circuit affirmed on appeal.

Issues

Issue	Plaintiff's Argument (Gov't)	Defendant's Argument (Gruezo)	Held
MDLEA jurisdiction — was the vessel "without nationality" under 46 U.S.C. §70502(d)(1)(B)?	Master failed to claim nationality or registry; defendant stipulated to lack of indicia; Victor Report and testimony support stateless finding.	Coast Guard failed to make required inquiries; conflicting Alpha Report and Victor Report create jurisdictional doubt.	Affirmed — stipulation and master’s failure to claim nationality suffice; district court credibility findings reasonable.
Vagueness — is §70502(d)(1)(B) unconstitutionally vague?	Statute gives adequate notice; prior precedent rejects vagueness challenges to MDLEA jurisdictional provisions.	Statute fails to define what constitutes a "claim of nationality or registry."	Rejected — statute sufficiently clear; precedent forecloses vagueness challenge.
Miranda — must Coast Guard advise master of consequences of failing to claim nationality?	Routine boarding is non-custodial; Miranda warnings not required; any as-applied challenge waived by guilty plea.	Failure to warn of legal consequence (treatment as stateless) violated Miranda/due process.	Rejected — as-applied claim waived by plea; facial Miranda challenge foreclosed by precedent that routine boardings are non-custodial.
Sentencing — entitlement to two-level minor-role reduction under U.S.S.G. §3B1.2?	Gruezo was accountable only for charged conduct; his crewmember role was significant and not minor.	He was a lesser participant compared with the master and uncharged organizers and thus a minor participant.	Affirmed — De Varon bars considering uncharged conduct; record supports denial of minor-role reduction.

Key Cases Cited

United States v. Cabezas-Montano, 949 F.3d 567 (11th Cir. 2020) (government burden to prove MDLEA jurisdiction)
United States v. Iguaran, 821 F.3d 1335 (11th Cir. 2016) (standard for jurisdictional stipulations and review)
United States v. De Varon, 175 F.3d 930 (11th Cir. 1999) (role reduction cannot be based on uncharged conduct)
United States v. Campbell, 743 F.3d 802 (11th Cir. 2014) (MDLEA extraterritorial reach and nexus not required)
United States v. Rioseco, 845 F.2d 299 (11th Cir. 1988) (Coast Guard boardings normally non-custodial for Miranda purposes)
United States v. Cavallo, 790 F.3d 1202 (11th Cir. 2015) (deference to district court credibility findings)
United States v. Salerno, 481 U.S. 739 (1987) (facial-challenge standard)
United States v. Castillo, 899 F.3d 1208 (11th Cir. 2018) (guilty plea waives certain pre-plea constitutional challenges)
United States v. Valois, 915 F.3d 717 (11th Cir. 2019) (factors for denying minor-role reduction)
United States v. Mena, 863 F.2d 1522 (11th Cir. 1989) (rejecting vagueness challenge to predecessor statute)