Eleventh Circuit Court of Appeals - Published Opinions

Thursday, June 29, 2006

Estupinan: MDLEA is Constitutional

In U.S. v. Estupinan, No. 05-16279 (June 28, 2006), the Court rejected the argument that Congress exceeded its authority under the Piracies and Felonies Clause of Article I of the Constitution when it adotped the 46 U.S.C. app. § 1903, the Maritime Drug Law Enforcement Act (MDLEA).
The Court stated that inasmuch as the trafficking of narcotics is condemned universally by law-abiding nations, it was not fundamentally unfair for Congress to provide for the punishment of persons apprehended with narcotics on the high seas.