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: Defense Newsletter Blog

Betancourth: Subject Matter Jurisdiction Can't be Waived by Guilty Plea

By Tim Cone

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In U.S. v. Betancourth, No. 07-14710 (Jan. 13, 2009), the Court held that a defendant cannot waive, by pleading guilty, an objection to the district court?s subject matter jurisdiction under the Maritime Drug Law Enforcement Law, 46 U.S.C. § 70501. However, the Court held that under the facts presented ? certifications from the United States Department of State stating that the government of Ecuador had waived objection to the enforcement of United States law against the apprehended vessels ? jurisdiction existed.

Full post as published by Defense Newsletter Blog on January 14, 2009 (boomark / email).

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