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Case Citations [1] (Fall 2024)

handle is hein.ali/resfrlus0054 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations FOREIGN RELATIONS LAW OF THE UNITED STATES 2D PART I. JURISDICTION CHAPTER 2. BASES OF JURISDICTION TOPIC 3. NATIONALITY AS A BASIS OF JURISDICTION TITLE B. SCOPE OF JURISDICTION WITH RESPECT TO NATIONALS § 30. Jurisdiction to Prescribe with Respect to Nationals C.A.1, 2023. Quot. in ftn. to diss. op. (general cite). Costa Rican nationals appealed their convictions for violating the Maritime Drug Law Enforcement Act by trafficking drugs on the high seas and within the United States' jurisdiction while on board a covered vessel, contending that their foreign vessel was not subject to the jurisdiction of the United States under the Act. While sitting en banc, this court affirmed the convictions, holding that the Act's reference to any vessel subject to thejurisdiction of the United States when defining a covered vessel did not limit the subject-matter jurisdiction of federal courts over federal criminal prosecutions, noting that the indictments charging nationals with a violation of the Act did not solely rely on nationals being aboard a vessel without nationality. Citing Restatement Second of Foreign Relations Law of the United States § 30, the dissenting opinion noted that the United States' jurisdiction under the Felonies Clause extended to its own nationals regardless of their location but extended to foreign nationals only if on board a foreign vessel on the high seas. United States v. Davila-Reyes, 84 F.4th 400, 464. COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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