United States First Circuit

Conviction of possession with the intent to distribute over 1140 pounds of cocaine and heroin while on board a vessel in violation of the Maritime Drug Law Enforcement Act (MDLEA), is affirmed, where: 1) the Piracies and Felonies Clause does not explicitly require a nexus between the unlawful conduct committed on the high seas and the United States be established before Congress can punish that conduct; 2) the MDLEA is a constitutional exercise of Congress' power under the Piracies and Felonies Clause and thus there was no jurisdictional error under the MDLEA related to defendant's conviction; and 3) in this non-trial context, where evidence does not go to guilt or innocence, the Confrontation Clause does not apply, and the district court did not err in admitting as evidence the commander's certifications to establish the vessel was subject to the jurisdiction of the United States.

Appellate Information

• Decided 03/19/2013
• Published 03/19/2013

Judges

• THOMPSON

Court

• United States First Circuit

Counsel