USA v. Felix Tomala Cruz
Filing
Opinion issued by court as to Appellant Felix Enrique Tomala Cruz. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.
Case: 11-11922
Date Filed: 01/11/2013
Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-11922
Non-Argument Calendar
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D.C. Docket No. 8:10-cr-00252-JSM-TBM-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FELIX ENRIQUE TOMALA CRUZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(January 11, 2013)
Before BARKETT, MARTIN and KRAVITCH, Circuit Judges.
PER CURIAM:
Felix Enrique Tomala Cruz appeals his convictions after his guilty plea to
conspiracy and possession with intent to distribute more than five kilograms of
Case: 11-11922
Date Filed: 01/11/2013
Page: 2 of 3
cocaine while aboard a vessel in international waters, in violation of the Maritime
Drug Law Enforcement Act (“MDLEA”), 46 U.S.C. §§ 70503(a)(1), 70506(a) &
(b), 21 U.S.C. § 960 (b)(1)(B)(ii), and 18 U.S.C. § 2. He argues for the first time
on appeal that the district court lacked subject matter jurisdiction. Although the
United States Department of State certified that his vessel was stateless and subject
to the United States jurisdiction, Cruz asserts that the Ecuadorian Ambassador to
Guatemala later intervened on his behalf.
The MDLEA criminalizes knowingly or intentionally manufacturing or
possessing a controlled substance, with or without intent to distribute, aboard a
vessel subject to the jurisdiction of the United States. 46 U.S.C. § 70503(a)(1). A
vessel subject to the jurisdiction of the United States includes “a vessel without
nationality.” Id. § 70502(c)(1)(A). A “vessel without nationality” includes a
vessel for which the claimed nation of registry “does not affirmatively and
unequivocally assert that the vessel is of its nationality.” Id. § 70502(d)(1)(C).
There is no dispute that Cruz was one of three crewmembers aboard a vessel
that the United States Coast Guard interdicted in international waters. The crew
initially made no claim of nationality, but stated that they had departed from
Colombia. Later, the crewmembers claimed Ecuadoran nationality. Neither
Colombia nor Ecuador could confirm or deny the nationality of the vessel and the
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Case: 11-11922
Date Filed: 01/11/2013
Page: 3 of 3
Secretary of State certified that the vessel was without nationality. Based on this
certification, the district court found that it had jurisdiction over the stateless vessel
in international waters.
On appeal, Cruz’s only argument appears to be that because, he asserts, the
Ecuadorian Ambassador actually intervened on his behalf, it was improper for the
United States to not surrender Cruz to Ecuador. However, Cruz admits in his brief
on appeal that “no diplomat or Ecuadorian official ha[s] filed any formal claim or
documentation of any kind in this case.” We have no evidence that the
Ecuadorian Ambassador claimed that the vessel was not stateless. In short, Cruz
does not present any facts contradicting that he was on a stateless vessel in
international waters subject to United States jurisdiction.1
AFFIRMED.
1
Cruz argues that a foreign nation preserves its inherent right to prosecute its own
nationals, notwithstanding the provision of Article I, section 8, clause 10 of the Constitution,
pursuant to which the MDLEA was passed. However, in this case, there is no factual basis in the
record to support Cruz’s claim of Ecuadorian intervention.
3
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