United States v. Wilson Alfredo Solis Cortes
698 F. App'x 966
| 11th Cir. | 2017Background
- In May 2016 the U.S. Coast Guard found a low‑profile vessel in international waters near Costa Rica; three people were aboard and 43 bales of cocaine were recovered floating nearby.
- Defendant Wilson Solis Cortes and two others claimed Colombian nationality; Colombia neither confirmed nor denied registry, so the vessel was treated as without nationality.
- Cortes admitted being paid to throw the cocaine bales into the water at specified GPS coordinates.
- A federal grand jury indicted Cortes for (1) conspiracy to possess with intent to distribute cocaine on board a vessel subject to U.S. jurisdiction (MDLEA) and (2) possession with intent to distribute; he pleaded guilty to Count 1.
- Cortes moved to dismiss, arguing the MDLEA is unconstitutional generally and unconstitutional as applied because there was no nexus to the United States; the district court denied the motion.
- The district court sentenced Cortes to 120 months; he appealed raising the same constitutional challenges, which the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the MDLEA exceeds Congress’s power under the Piracies and Felonies Clause | Government: MDLEA is a valid exercise of Congress’s authority to punish crimes on the high seas | Cortes: Congress exceeded its authority; MDLEA is unconstitutional | Court: MDLEA is constitutional under the Piracies and Felonies Clause (affirmed) |
| Whether the MDLEA is unconstitutional as applied absent a nexus to the U.S. | Government: No nexus required; MDLEA applies extraterritorially to vessels subject to U.S. jurisdiction | Cortes: MDLEA is unconstitutional as applied because the offense lacked a U.S. nexus | Court: As‑applied challenge foreclosed by precedent; no nexus required under MDLEA (affirmed) |
Key Cases Cited
- United States v. Spoerke, 568 F.3d 1236 (11th Cir. 2009) (de novo review of statutory constitutionality)
- United States v. Estupinan, 453 F.3d 1336 (11th Cir. 2006) (MDLEA enacted to punish drug trafficking on the high seas)
- United States v. Campbell, 743 F.3d 802 (11th Cir. 2014) (MDLEA valid under Piracies and Felonies Clause; no U.S. nexus required)
- United States v. Cruickshank, 837 F.3d 1182 (11th Cir. 2016) (reaffirming Campbell and rejecting argument that Congress exceeded its authority)
- United States v. Wilchcombe, 838 F.3d 1179 (11th Cir. 2016) (MDLEA applies extraterritorially; text does not require a U.S. nexus)
- United States v. Vega‑Castillo, 540 F.3d 1235 (11th Cir. 2008) (prior‑precedent rule binds panel courts)