United States v. Gonzalez
United States Court of Appeals for the Eleventh Circuit
776 F.2d 931 (1985)
- Written by Rich Walter, JD
Facts
Congress enacted 21 U.S.C. § 955a(c) to suppress the smuggling of illegal drugs into the United States. The statute empowered authorities to search and seize illegal cargo from any American vessel or any foreign vessel in American waters. In addition, § 955a(c) permitted enforcement even against a foreign vessel operating on the high seas provided that authorities had the relevant foreign government’s approval. The United States Coast Guard relied on its § 955a(c) authority and on the Honduran government’s informal consent to search a suspicious Honduran vessel in international waters, seize the vessel’s cargo of marijuana, and arrest crew member Angel Gonzalez (defendant), a foreign national. A federal district court denied Gonzalez’s motion to dismiss his indictment for violating § 955a(c). Gonzalez appealed to the Eleventh Circuit.
Rule of Law
Issue
Holding and Reasoning (Kravitch, J.)
Concurrence (Hatchett, J.)
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