No. 25-6314

Jose Fernando Lopez-Anchundia v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-power criminal-prosecution drug-enforcement extraterritorial-jurisdiction international-law maritime-law
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2026-01-09
Related Cases: 25-6270 (Vide)
Question Presented (AI Summary)

Does Congress's power to define and punish felonies on the high Seas authorize extraterritorial prosecution of foreign nationals for crimes committed in a foreign nation's Exclusive Economic Zone (EEZ)?

Question Presented (from Petition)

Article I, Section 8, Clause 10 of the United States Constitution empowers Congress “[t]o define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nati ons.” The Questions Presented are: 1. Does Congress’s power “[t]o define and punish . . . Felonies committed on the high Seas,” authorize the United States to impose its laws upon foreign nationals for wholly foreign crimes committed in a foreign nation’s Exclusive Economic Zone (EEZ)? 2. Is the United States’ prosecution of foreign nationals under the Maritime Drug Law Enforcement Act (“MDLEA”) unconstitutional where neither the individual nor his offense bears any nexus to the United States?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-17
DISTRIBUTED for Conference of 1/9/2026.
2025-12-11
Waiver of right of respondent United States to respond filed.
2025-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2026)

Attorneys

Jose Lopez-Anchundia
Kenneth SwartzSwartz Law Firm, Petitioner
Kenneth SwartzSwartz Law Firm, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent