U. S. v. BETANCOURTH, 07-14710, (January 13, 2009)
The defendant pled guilty to conspiracy to possess with intent to distribute five kilograms of cocaine and to possession with intent to distribute five kilograms of cocaine while on board a vessel subject to the jurisdiction of the United States in violation of 46 U.S.C. § 70501.
Prior to the plea, the defendant moved to dismiss the indictment arguing that the government could not prosecute him because the Equadorian government had not consented to the exercise of jurisdiction over the Equadorian vessel which the United States government had seized. The district court found that Ecuador did consent to the United States’ exercise of jurisdiction.
On appeal, the Eleventh Circuit determined that because the defendant entered an unconditional plea, this ordinarily would have waived the issue, however a subject matter jurisdiction challenge that can not be waived by a guilty plea. Nevertheless, the Court found the district court was correct.
