EEZ as High Seas: Jurisdiction Under the MDLEA Affirmed

Introduction

In United States v. Gustavo Brito-Fernandez (11th Cir. Apr. 28, 2025), the Eleventh Circuit addressed challenges to federal jurisdiction under the Maritime Drug Law Enforcement Act (MDLEA). Three defendants—Yeiner Herrera-Barroz, Gustavo Rafael Brito-Fernandez, and Saul Emmanuel Becerra-Astudillo—were convicted of conspiring to possess with intent to distribute cocaine on board a vessel subject to U.S. jurisdiction. They argued that: (1) their conduct occurred in Colombia’s Exclusive Economic Zone (EEZ), which they said is not part of the “high seas” under international law; (2) the MDLEA’s definition of “vessel without nationality” is overbroad; and (3) the statute violates due process by lacking a nexus requirement to the United States. The government moved for summary affirmance, relying on binding Eleventh Circuit precedents.

Summary of the Judgment

The panel, per curiam, granted the government’s motion and affirmed the convictions. Key holdings:

The Felonies Clause of Article I, Section 8, Clause 10 of the U.S. Constitution empowers Congress to define and punish felonies committed on the high seas, including EEZs.
Article I is not limited by international law’s delimitation of high seas; EEZs are treated as high seas for constitutional purposes.
Defendants’ challenge to the “vessel without nationality” definition under § 70502(d)(1)(C) was moot, as they fell under § 70502(d)(1)(B) by failing to claim any nationality.
The MDLEA requires no nexus to the United States, consistent with universal and protective jurisdiction principles.

Analysis

Precedents Cited

1. United States v. Alfonso, 104 F.4th 815 (11th Cir. 2024): Held that the Felonies Clause supports MDLEA prosecutions in EEZs, rejecting any constraint by international law on the Clause’s territorial scope.

2. United States v. Canario-Vilomar, 128 F.4th 1374 (11th Cir. 2025): Reaffirmed Alfonso, applying it to seizures 37 and 145 nautical miles off foreign coasts. Confirmed that an EEZ is part of the high seas for constitutional purposes and that Congress may define stateless vessels without regard to international law’s stateless-vessel concept.

3. United States v. Campbell, 743 F.3d 802 (11th Cir. 2014): Upheld extraterritorial reach of MDLEA absent any nexus requirement to the United States.

4. Groendyke Transportation, Inc. v. Davis, 406 F.2d 1158 (5th Cir. 1969): Established standards for summary affirmance in appellate practice where one side’s legal position is clearly correct.

Legal Reasoning

• Constitutional Authority: Under Article I, § 8, cl. 10, Congress has power to “define and punish…felonies committed on the high seas.” The court viewed EEZs as falling under “high seas” for U.S. constitutional purposes, irrespective of international law’s maritime zones.

• Statutory Scope: The MDLEA extends to “vessels subject to the jurisdiction of the United States,” including “vessels without nationality.” The defendants’ failure to claim any nationality brought their conduct squarely within § 70502(d)(1)(B).

• Prior-Panel Rule: Binding precedent of Alfonso and Canario-Vilomar forecloses any contrary argument. There is no “overlooked reason or argument” exception.

• Nexus and Due Process: The court reaffirmed that universal and protective principles justify extraterritorial application and that due process does not require a U.S. nexus to punish drug trafficking on the high seas.

Impact on Future Cases

• Reinforces robust U.S. jurisdiction over maritime drug crimes in foreign EEZs.

• Limits challenges to MDLEA jurisdiction based on international law zone definitions.

• Confirms that “vessel without nationality” under MDLEA is self-executing: non-registration or failure to claim nationality suffices.

• Forecloses due-process nexus challenges to no-nexus statutes addressing universal wrongs.

Complex Concepts Simplified

• Exclusive Economic Zone (EEZ): A maritime area up to 200 nautical miles from a country’s coast, where the coastal state has special resource rights but not full sovereignty.

• High Seas (constitutional context): Areas beyond any country’s territorial sea that, for U.S. law, include EEZs when applying the Felonies Clause.

• Felonies Clause: The constitutional grant allowing Congress to punish crimes committed on the high seas.

• Vessel Without Nationality (MDLEA): A boat on which the master does not claim any nation’s registry or whose claimed registry is not affirmed by that nation.

Conclusion

United States v. Brito-Fernandez cements that Congress may reach maritime drug trafficking in EEZs under the Felonies Clause, that “vessel without nationality” under the MDLEA encompasses vessels whose masters decline to claim any flag, and that due process does not demand a nexus to the United States for universally reprehensible maritime drug crimes. This decision ensures continuing federal authority to prosecute cross-border drug conspiracies on the high seas and EEZs, maintaining the MDLEA as a key tool in combating international narcotics trafficking.