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Davila-Mendoza: MDLEA Prosecution for Drug Trafficking in Foreign Waters Exceeded Congress' Authority

By Tim Cone

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In United States v. Davila-Mendoza et al., No. 17-12038 (Aug. 26, 2020) (Branch, Jill Pryor, Boggs), the Court vacated the defendants? MDLEA convictions on the ground that the statute, as applied, exceeded Congress? constitutional authority. The drug-trafficking activities in this case occurred in the territorial waters of a consenting foreign country, not the high seas. The Court first concluded that, as applied, the MDLEA exceeded Congress? authority under the Foreign Commerce Clause. The Court assumed, without deciding, that this clause had the same scope as the interstate commerce clause. Applying that framework, the defendants? conduct lacked a ?substantial effect? on commerce between the United States and foreign nations...continue to full post

Full post as published by Defense Newsletter Blog on August 26, 2020 (boomark / email).