USA v. Barrios Leon et al
Criminal

Middle District of Florida, flmd-8:2017-cr-00445-341502

ORDER granting {{104}} motion for pretrial determination of jurisdiction as to Martin Miguel Barrios Leon (1), Gustavo Enrique Llanos Miranda (2), Oscar Herrera Venera (3), Francisco Ariel Bolanos (4), Mario Jose Acuna Garcia (5), Jair Mendoza Montoya (6), Eduardo de Jesus Chacin Villarroel (7). Signed by Judge Susan C Bucklew on 12/6/2017. (GAG)

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PageID 331 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case No. 8:17-cr-455 T-24 TBM MARTIN MIGUEL BARRIOS LEON, et al. ______________________________/ ORDER This cause comes before the Court on the United States's Motion for a pretrial determination as to whether the vessel on which the defendants were traveling is a "vessel subject to the jurisdiction of the United States," within the meaning of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70501 et seq. (Doc. 104). The United States indicates that it intends to prove at trial that the U.S. Coast Guard interdicted a Togolese motor vessel named FAT CROW in international waters in the Caribbean Sea on or about August 24, 2017. According to the United States, FAT CROW's master claimed Togolese registry for the vessel. The United States further asserts that per the U.S. State Department's certification regarding interdiction, which is attached to the United States's motion, the Togolese Republic: 1) authorized the U.S. Coast Guard's boarding and search of FAT CROW; 2) confirmed FAT CROW's Togolese registry; and 3) consented to the United States enforcing U.S. law with respect to FAT CROW and its crew. The Court finds that the United States's motion is due to be granted. Accordingly, it is ORDERED AND ADJUDGED that the vessel on which the defendants were traveling is a 1 PageID 332 "vessel subject to the jurisdiction of the United States," within the meaning of the Maritime Drug Law Enforcement Act. DONE AND ORDERED at Tampa, Florida, this 6th day of December, 2017. Copies to: Counsel of Record 2