United States v. Aybar-Ulloa, No. 15-2377 (1st Cir. 2021)
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The First Circuit affirmed Defendant's conviction for two counts of drug trafficking in international waters while aboard a stateless vessel in violation of the Maritime Drug Law Enforcement Act (MDLEA), 46 U.S.C. 70501-08, holding that international law does not generally prohibit the United States from prosecuting drug traffickers found on a stateless vessel stopped and boarded by the United States on the high seas as if the drug traffickers had been found on a United States vessel subject to the territorial jurisdiction of the United States.
Specifically, the First Circuit held (1) Defendant's prosecution in the United States for drug trafficking on a stateless vessel stopped and boarded by the United States in waters subject to the rights of navigation on the high seas violated no recognized principle of international law; but (2) because Amendment 794 to the Sentencing Guidelines applies retroactively, this case must be remanded for resentencing so that the district court can have an opportunity to apply the new factors.
This opinion or order relates to an opinion or order originally issued on January 9, 2019.
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