USA v. Hurtado, No. 21-12702 (11th Cir. 2023)
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The United States Court of Appeals for the Eleventh Circuit affirmed the judgment of the United States District Court for the Middle District of Florida. The case involved Asdrubal Quijada Marin and Juan Carlos Acosta Hurtado, two Venezuelan nationals who were apprehended by the United States Coast Guard in the Caribbean Sea. They were convicted after a bench trial for conspiracy to possess with intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States and possession with intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States, pursuant to the Maritime Drug Law Enforcement Act.
On appeal, Marin and Acosta Hurtado challenged the court's jurisdiction, arguing that the indictment should have been dismissed for lack of jurisdiction and the evidence should have been suppressed due to violation of their Fourth Amendment rights. They also contended that their detention at sea for 48 days prior to indictment constituted unnecessary delay and outrageous government conduct.
The Court of Appeals held that the District Court properly exercised jurisdiction over Marin and Acosta Hurtado under the Maritime Drug Law Enforcement Act because Cameroon, the flag nation of the vessel, had consented to United States jurisdiction over the crew of the vessel. It also held that the Northland’s stop and search of the Zumaque Tracer did not violate the Fourth Amendment, so the District Court did not err in denying the motion to suppress evidence based on a Fourth Amendment violation. The Court also held that the District Court did not err in denying Acosta Hurtado’s motion to dismiss based on unnecessary delay arguments. Lastly, the Court held that Acosta Hurtado's claim of outrageous government conduct was meritless.
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