United States v. Belarminio Lopez-Padilla
Court
Eleventh Circuit Court of Appeals
Decided
June 20, 2025
Jurisdiction
F
Importance
47%
Case Summary
USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 1 of 13 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-11047 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BELARMINIO LOPEZ-PADILLA, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:21-cr-20426-RKA-1 ____________________ USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 2 of 13 2 Opinion of the Court 22-11047 Before JORDAN, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: This case primarily concerns the scope of the jurisdiction of the United States under the Maritime Drug Law Enforcement Act. Belarminio Lopez-Padilla, a Dominican national, appeals his con- viction and sentence of 102 months’ imprisonment for conspiring to possess with intent to distribute cocaine while aboard a vessel on the high seas subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act. Lopez-Padilla presents arguments challenging the constitu- tionality of the MDLEA and his conviction under it, as well as the factual basis of his sentence. He argues that the MDLEA exceeds Congress’s authority under the Felonies Clause of the Constitution and his MDLEA prosecution was improper. U.S. Const. art. I, § 8, cl. 10. He also contends that his sentence was based on an errone- ous factual finding. For the reasons articulated below, we affirm Lopez-Padilla’s conviction and sentence. I. On July 13, 2021, while on patrol in the Caribbean Sea, the United States Coast Guard intercepted a go-fast vessel, with no in- dicia of nationality, operating about eighty nautical miles north of El Cabo, Colombia. The vessel jettisoned seventeen bales of con- traband, which tested positive for cocaine. Lopez-Padilla and his codefendant, who are both Dominican nationals, were the only USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 3 of 13 22-11047 Opinion of the Court 3 crew on the vessel. No one claimed to be master of the vessel, but Lopez-Padilla made a claim of Dominican Republic nationality for the vessel. The government of the Dominican Republic was con- tacted by the United States and could neither confirm nor deny reg- istration of the vessel. The vessel was treated as without nationality and subject to the jurisdiction of the United States under 46 U.S.C. § 70502(c). Lopez-Padilla was charged in an indictment with conspiracy to possess with intent to distribute five kilograms or more of cocaine while aboard a vessel on the high seas subject to the jurisdiction of the United States, in violation of 46 U.S.C. §§ 70503(a)(1), 70506(a), (b), and 21 U.S.C. § 960(b)(1)(B) (“Count 1”), and with possession with intent to distribute five kilograms or more of cocaine while aboard a vessel on the high seas subject to the jurisdiction of the United States, in violation of 46 U.S.C. § 70503(a)(1), 21 U.S.C. § 960(b)(1)(B), and 18 U.S.C. § 2 (“Count 2”). Lopez-Padilla pleaded guilty to Count 1 and the government agreed to dismiss Count 2 according to a written plea agreement. The court adjudicated him guilty of Count 1. At sentencing, the district court stated that to prepare itself for sentencing, it reviewed the indictment, the plea agreement, the factual proffer, the revised presentence investigation report, and objections to the revised PSI raised by Lopez-Padilla. The court also stated that it considered “the statements of all parties . . . and the statutory factors set out in 18 [U.S.C. §] 3553(a).” The district court determined that a sentence of just below the guideline range of 108 to 135 months was USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 4 of 13 4
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Status
Decided
Date Decided
June 20, 2025
Jurisdiction
F
Court Type
appellate
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USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 1 of 13
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-11047
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BELARMINIO LOPEZ-PADILLA,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:21-cr-20426-RKA-1
____________________
USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 2 of 13
2 Opinion of the Court 22-11047
Before JORDAN, LAGOA, and BRASHER, Circuit Judges.
PER CURIAM:
This case primarily concerns the scope of the jurisdiction of
the United States under the Maritime Drug Law Enforcement Act.
Belarminio Lopez-Padilla, a Dominican national, appeals his con-
viction and sentence of 102 months’ imprisonment for conspiring
to possess with intent to distribute cocaine while aboard a vessel
on the high seas subject to the jurisdiction of the United States, in
violation of the Maritime Drug Law Enforcement Act.
Lopez-Padilla presents arguments challenging the constitu-
tionality of the MDLEA and his conviction under it, as well as the
factual basis of his sentence. He argues that the MDLEA exceeds
Congress’s authority under the Felonies Clause of the Constitution
and his MDLEA prosecution was improper. U.S. Const. art. I, § 8,
cl. 10. He also contends that his sentence was based on an errone-
ous factual finding. For the reasons articulated below, we affirm
Lopez-Padilla’s conviction and sentence.
I.
On July 13, 2021, while on patrol in the Caribbean Sea, the
United States Coast Guard intercepted a go-fast vessel, with no in-
dicia of nationality, operating about eighty nautical miles north of
El Cabo, Colombia. The vessel jettisoned seventeen bales of con-
traband, which tested positive for cocaine. Lopez-Padilla and his
codefendant, who are both Dominican nationals, were the only
USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 3 of 13
22-11047 Opinion of the Court 3
crew on the vessel. No one claimed to be master of the vessel, but
Lopez-Padilla made a claim of Dominican Republic nationality for
the vessel. The government of the Dominican Republic was con-
tacted by the United States and could neither confirm nor deny reg-
istration of the vessel. The vessel was treated as without nationality
and subject to the jurisdiction of the United States under 46 U.S.C.
§ 70502(c).
Lopez-Padilla was charged in an indictment with conspiracy
to possess with intent to distribute five kilograms or more of cocaine
while aboard a vessel on the high seas subject to the jurisdiction of
the United States, in violation of 46 U.S.C. §§ 70503(a)(1), 70506(a),
(b), and 21 U.S.C. § 960(b)(1)(B) (“Count 1”), and with possession
with intent to distribute five kilograms or more of cocaine while
aboard a vessel on the high seas subject to the jurisdiction of the
United States, in violation of 46 U.S.C. § 70503(a)(1), 21 U.S.C. §
960(b)(1)(B), and 18 U.S.C. § 2 (“Count 2”).
Lopez-Padilla pleaded guilty to Count 1 and the government
agreed to dismiss Count 2 according to a written plea agreement.
The court adjudicated him guilty of Count 1. At sentencing, the
district court stated that to prepare itself for sentencing, it reviewed
the indictment, the plea agreement, the factual proffer, the revised
presentence investigation report, and objections to the revised PSI
raised by Lopez-Padilla. The court also stated that it considered
“the statements of all parties . . . and the statutory factors set out in
18 [U.S.C. §] 3553(a).” The district court determined that a sentence
of just below the guideline range of 108 to 135 months was
USCA11 Case: 22-11047 Document: 38-1 Date Filed: 06/20/2025 Page: 4 of 13
4
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Case Details
Legal case information
Status
Decided
Date Decided
June 20, 2025
Jurisdiction
F
Court Type
appellate
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools