United States v. Suerte
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
At issue is whether, for extraterritorial application of the Maritime Drug Law Enforcement Act, 46 U.S.CApp. § 1901 et seq., the Fifth Amendment’s Due Process Clause requires a nexus between a foreign citizen and the United States, where the flag nation for his vessel “has consented or waived objection to the enforcement of United States law by the United States”. Id. § 1903(c)(1)(C). Requiring such a nexus, the district court dismissed the indictment for lack of jurisdiction. VACATED and REMANDED.
I
Defendant Nestor Suerte, a Philippine national and…
2Cases cited29 opinions
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