8 results for 'cat:"Drug Offender" AND cat:"Jurisdiction"'.
Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: drug Offender, Probation, jurisdiction
J. Williamowski finds the trial court in Henry County was the proper venue for defendant's trial on a charge of engaging in a pattern of corrupt activity. Testimony from various witnesses, including confidential informants, established defendant was part of a gang and sold cocaine and other drugs at a street corner within the court's jurisdiction. Meanwhile, testimony from an informant who bought and then distributed drugs from the street corner established a criminal enterprise and was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-627, Categories: drug Offender, Evidence, jurisdiction
J. Nguyen finds that the district court properly entered convictions on two defendants for Maritime Drug Law Enforcement Act violations which prohibits possession of a controlled substance with intent to distribute while on board a covered vessel. Defendants were arrested after the U.S. Coast Guard determined their speedboat was carrying at least 1,000 kilograms of cocaine off the coast of Ecuador. The United States treated the vessel as stateless and brought the matter under its jurisdiction. Defendants challenged the government’s jurisdiction, arguing the provision under which jurisdiction was exercised is unconstitutional. The definition of “vessel without nationality” does not conflict with international law. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: January 17, 2024, Case #: 22-50154, Categories: drug Offender, jurisdiction
J. Tjoflat finds that the district court properly convicted defendants of drug offenses including possession with intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. The district court correctly denied defendants' motions to dismiss the indictment for lack of jurisdiction. Cameroon validly waived jurisdiction over defendants' prosecutions. The district court also correctly denied defendant's motion to suppress evidence including evidence of cocaine found on board the vessel and defendant's statement after arriving in the United States. There was reasonable suspicion that the vessel was engaged in illegal activity. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: December 20, 2023, Case #: 21-12702, Categories: drug Offender, Search, jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Abele finds the trial court properly held jurisdiction over defendant's drug charges. Although the original indictment did not include specific weights of the drugs recovered during the arrest, the weight of the drugs would have mattered only during the punishment phase; therefore, defendant abandoned this claim when he pleaded guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: October 13, 2023, Case #: 2023-Ohio-3895, Categories: drug Offender, jurisdiction
[Consolidated.] J. Calabresi finds that the district court properly declined to dismiss appeals brought after three defendants pleaded guilty to conspiring to violate maritime drug laws by shipping cocaine from Guyana to the Netherlands in a "stateless" vessel. Defendants contend they had neither been in the U.S. nor upon the seized boat, instead organizing the shipment from a foreign country, but interim precedent has held that the interest in curtailing drug trafficking on the high seas justifies prosecuting those who help plan such schemes for conspiring with others aboard vessels subject to U.S. jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: July 10, 2023, Case #: 21-1083, Categories: drug Offender, jurisdiction, Due Process
Per curiam, the Fifth Circuit dismisses an El Salvadoran native’s request for review of the Board of Immigration Appeal's order denying his application for withholding of removal and protection under the Convention Against Torture. On the run from the MS-13 gang, the immigrant has illegally entered the U.S. and been removed several times, with the board reinstating previous removal orders. The board’s denial of the application for withholding is not a final order of removal, and the petition for review is untimely because it was filed over 30 days after the reinstatement order became final. The appeal is dismissed for lack of jurisdiction.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-60307, Categories: drug Offender, Immigration, jurisdiction