United States v. Ballestas

Appellant, a Colombian citizen, was indicted under the Maritime Drug Law Enforcement Act (MDLEA), 46 U.S.C. 70503(a), and extradited to the United States for prosecution. Appellant pleaded guilty to a charge of conspiracy to distribute drugs “on board . . . a vessel subject to the jurisdiction of the United States,” in violation of the MDLEA. The court concluded that the MDLEA’s conspiracy provision reaches appellant’s extraterritorial conduct in this case; the overt acts of other conspirators on board the vessel are attributable to appellant, satisfying any “on board a vessel” requirement that might arguably circumscribe the MDLEA’s extraterritorial application; the Felonies Clause provides Congress with authority to “punish” appellant for his role in the conspiracy; the application of the MDLEA in appellant's case does not violate the Due Process Clause; the district court did not err when it assumed the truth of the government’s proffered facts in denying appellant’s motion, including with regard to whether the pertinent vessel was subject to the jurisdiction of the United States; the court rejected appellant's Brady claims; and the court rejected appellant's sentencing claims. Accordingly, the court affirmed the conviction and sentence. View "United States v. Ballestas" on Justia Law