Jurisdiction Under the Maritime Drug Law Enforcement Act
By David Wagner
In United States v. Campbell, 12-13647, 2014 WL 642924 (11th Cir. Feb. 20, 2014), the 11th Circuit Court of Appeal affirmed thedistrict court’s conviction of three men under the Maritime Drug Enforcement Act (MDEA) for conspiracy to possess and possession with intent to distribute over 100 kilograms of marijuana. The facts are as follows.While on patrol, members of the U.S. Coast Guard noticed a flagless vessel in international waters off the coast of Jamaica. As the Coast Guard pursued the vessel, those aboard began to throw unidentified bales overboard which the Coast Guard later determined to be over 997 kilograms of marijuana.Although the vessel lacked a flag, a port, and a registration number, on of the crew claimed the vessel was registered to the Republic of Haiti. Later, the Haitian Government reported to the Coast Guard that they could, “neither confirm nor deny the registry.” Later, all three crewmembers admitted to illegally transporting marijuana.On appeal, defendants argued that extraterritorial jurisdiction under the MDEA violated their rights under the Confrontation Clause and Due Process Clause, as well as exceeded Congressional authority under the U.S. Felonies Clause.First, the court noted that Congress had amended the MDEA to specifically declare extraterritorial jurisdiction as a preliminary question and not an element of an offense. In other words, the Confrontation Clause normally applies to trial proceedings and not preliminary matters. The jurisdictional element only serves as a “diplomatic courtesy” and is a matter of “international comity.” Thus, the Secretary’s certification of extraterritorial jurisdiction under the MDEA did not violate the Confrontation Clause.Next, the court found that prior case precedent continually supported Congress’s power to proscribe drug trafficking on the high seas under the Felonies Clause to stateless vessels. Defendants also argued that Congress cannot proscribe drug trafficking on the high seas because only capital crimes were felonies at the time of the Founding Fathers. On this point, the court found that “felony” included offenses beyond capital crimes.Finally, the court decided that there was no Due Process violation because the MDEA “provides clear notice that all nations prohibit and condemn drug trafficking aboard vessels on the high seas.”With this, the court affirmed that there were no constitutional violations and that the district court had jurisdiction under the MDEA to convict the defendants.
