U.S. Code » Title 46 » Subtitle Subtitle VII— Security and Drug Enforcement › Chapter CHAPTER 705— MARITIME DRUG LAW ENFORCEMENT

46 U.S.C. § 70504

Jurisdiction and venue

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(a)Jurisdiction.—Jurisdiction of the United States with respect to a vessel subject to this chapter is not an element of an offense. Jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge.(b)Venue.—A person violating section 70503 or 70508—(1) shall be tried in the district in which such offense was committed; or(2) if the offense was begun or committed upon the high seas, or elsewhere outside the jurisdiction of any particular State or district, may be tried in any district.(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(2), Oct. 13, 2008, 122 Stat. 4300; Pub. L. 115–91, div. A, title X, § 1012(a), Dec. 12, 2017, 131 Stat. 1546.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

70504

46 App.:1903(f).

Pub. L. 96–350, § 3(f), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 104–324, § 1138(a)(5), Oct. 19, 1996, 110 Stat. 3989.

Editorial NotesAmendments

2017—Subsec. (b). Pub. L. 115–91 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

“(b) Venue.—A person violating section 70503 or 70508 of this title shall be tried in the district court of the United States for—

“(1) the district at which the person enters the United States; or

“(2) the District of Columbia.”

2008—Subsec. (b). Pub. L. 110–407 inserted “or 70508” after “70503” in introductory provisions.

Notes of Decisions
Cited in 64 cases (26 in the last 5 years), 2007–2026 · leading case: United States v. Prado, 933 F.3d 121 (2d Cir. 2019).
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United States v. Prado, 933 F.3d 121 (2d Cir. 2019). · cites it 12× “In 1996, after many years of its prohibition on possession of controlled substances on vessels "subject to the jurisdiction of the United States," Congress added the provisions now identified as § 70504(a) that "[j]urisdiction of the United States ... is not an element of an…”
United States v. Vilches-Navarrete, 523 F.3d 1 (1st Cir. 2008). · cites it 10× “" 46 U.S.C. § 70504 (a). The district court correctly instructed the jury that the "[j]urisdiction of the United States with respect to vessels subject to this chapter is not an element of any offense.”
United States v. Matos-Luchi, 627 F.3d 1 (1st Cir. 2010). · cites it 12× “See 46 U.S.C. § 70504 (a). Based on the weight of the cocaine recovered—which was 386 kilograms—the defendants were later each sentenced to 235 months' imprisonment.”
United States v. Trinity Rolando Cabezas-Montano, 949 F.3d 567 (11th Cir. 2020). · cites it 3× “” 46 U.S.C. § 70504 (a). Congress made clear that the MDLEA “applies even though the act is committed outside the territorial jurisdiction of the United States.”
United States v. Carlington Cruickshank, 837 F.3d 1182 (11th Cir. 2016). · cites it 2× “46 U.S.C. § 70504 (a) (“Jurisdiction of the United States with respect to a vessel subject to this chapter is not an element of an offense.”
United States v. Isabel Yero Grimon, 923 F.3d 1302 (11th Cir. 2019). · cites it 3× “(quoting 46 U.S.C. § 70504 (a) ). Instead, " '[j]urisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge.”
United States v. Roberth Rojas, 812 F.3d 382 (5th Cir. 2016). · cites it 2× “That provision is now codified at 46 U.S.C. § 70504 (b). 8 . Congress appears to have endorsed this interpretation by later amending the Maritime Drug Act’s venue provision to mimic § 3238.”
United States v. Luis Munoz Miranda, 780 F.3d 1185 (D.C. Cir. 2015). · cites it 4× “” 46 U.S.C. § 70504 (a). If the “preliminary question” whether the vessels in issue are “subject to the jurisdiction of the United States” goes to the district court’s subject-matter jurisdiction, it is immune from waiver.”
United States v. Christopher Patrick Campbell, 743 F.3d 802 (11th Cir. 2014). · cites it 2× “” 46 U.S.C. § 70504 (a). The section continues that “jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge.”
United States v. Reyes-Valdivia, 84 F.4th 400 (1st Cir. 2023). · cites it 3× “2 46 U.S.C. § 70504 (b)(1) states: "Venue. -- A person violating section 70503 .”
Meier Jason Brown v. United States, 720 F.3d 1316 (11th Cir. 2013). “1996), superseded on other grounds by statute, 46 U.S.C. § 70504 , as recognized in United States v.”
United States v. Mitchell-Hunter, 663 F.3d 45 (1st Cir. 2011). · cites it 2× “” 46 U.S.C. § 70504 (a). In addition to being statutorily defined as such, the jurisdictional determination would not be an “element” at common law either, because the “question of whether a vessel is subject to the jurisdiction of the United States .”
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— 46 U.S.C. § 70504(b)(1) — 1 case
Ortiz Llaguno v. United States (M.D. Fla. 2020).
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