U.S. v. CAICEDO

No. 94-50147.

47 F.3d 370 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Martin CAICEDO; Raul Medina Moreno; Enrique Huilas-Cortez; Ricardo Ramirez-Correra; Jesus Alberto Garcia-Castro; Antonio Marquez-Castro, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1995.


Attorney(s) appearing for the Case

John R. Kraemer, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellant.

Mark F. Fleming, Federal Defenders of San Diego, Judi M. Sanzo, Nancee Schwartz, Robert L. Swain, Swain & Vance, Victor M. Torres, San Diego, CA, Craig E. Weinerman, Asst. Federal Public Defender, Portland, OR, for defendants-appellees.

Before: FARRIS, POOLE and KOZINSKI, Circuit Judges.


FARRIS, Circuit Judge:

We must decide whether the Maritime Drug Law Enforcement Act, 46 U.S.C. app. §§ 1901-1903, can be applied, consistent with due process, to defendants apprehended aboard a "stateless" vessel on the high seas when there is no nexus between the defendants and the United States.

I. BACKGROUND

This is an appeal from the district court's order granting a defense motion to dismiss. We accept the facts alleged by the government...

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