United States v. González

I respect the majority’s effort to discern and follow the intent of Congress’s 1996 amendment to the Maritime Drug Law Enforcement Act (“MDLEA”). However, I believe that a plain reading of the statute, supported by rules of interpretation, legislative history and case law, clearly make the statelessness of a vessel a jurisdictional matter that is not waived by an unconditional guilty plea. I would reach the merits of González’s claim, and concur in the judgment of the court.

I. Background

On April 27, 1999, the captain of a sailing vessel rescued González and Manuel Polanco, both Dominican…