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U.S. v. MITCHELL-HUNTER

No. 10-2203.

663 F.3d 45 (2011)

UNITED STATES of America, Appellee, v. Javier MITCHELL-HUNTER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 12, 2011.

Attorney(s) appearing for the Case

Rachel Brill , by Appointment of the Court, for appellant.

Justin Reid Martin , Assistant United States Attorney, with whom Nelson Pérez-Sosa , Chief, Appellate Division, and Thomas F. Klumper , Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, STAHL, and THOMPSON, Circuit Judges.

STAHL, Circuit Judge.

Defendant-appellant Javier Mitchell-Hunter (Mitchell) was charged with drug crimes under the Maritime Drug Law Enforcement Act (MDLEA), 46 U.S.C. §§ 70501-70508, after he was apprehended on a go-fast vessel in the Caribbean by a Coast Guard counter-narcotics patrol. Before the district court, Mitchell moved for dismissal based on lack of jurisdiction under the MDLEA, arguing that use of State Department certifications memorializing...

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