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United States v. Suerte

For the Maritime Drug Law Enforcement Act issue at hand (where the flag nation for his vessel has consented or waived objection to the enforcement of United States law by the United States), and to the extent the Due Process Clause may constrain the MDLEA's extraterritorial reach, that clause does not impose a nexus requirement, in that Congress has acted pursuant to the piracies and felonies clause.

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At issue is whether, for extraterritorial application of the Maritime Drug Law Enforcement Act, 46 U.S.C. App. � 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 resident of Colombia, has apparently never entered the United States. The Government alleges the following.

 
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