In United States v. Antonius, No. 21-1083 (2d Cir. July 10, 2023) (Calabresi, Lynch, and Robinson), the Second Circuit affirmed the convictions of three land-based foreign nationals for conspiracy to traffic drugs on the high seas using a stateless vessel where neither the defendants nor the conspiracy had any connection to the United States. The defendants had never been on the high seas but conspired from land to send drugs from Guyana to the Netherlands on the high seas in a stateless vessel. The Circuit had previously held that MDLEA reached foreign land-based conspirators whose plan involved no travel through United States waters but who had minor contact with the United States in furtherance of the conspiracy. United States v. Alarcon-Sanchez, 972 F.3d 156 (2d Cir. 2022).The Antonius defendants argued that their prosecution under the MDLEA statute violated due process because their conduct had no nexus …
Friday, July 14th, 2023
Application of the Maritime Drug Law Enforcement Act (“MDLEA”) to foreign conspirators who were never on the high seas, and where neither the defendants nor the scheme have a nexus to the United States, does not violate Due Process or Article I.
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Categories: due process, extraterritorial jurisdiction, MDLEA
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