Jose David Payba Lacayo v. United States
Petitioner, a foreign national found on a boat within 200 miles of Colombia, was prosecuted for two marijuana offenses under the Maritime Drug Law Enforcement Act ("MDLEA"). The questions presented are:
1. Are Congress's powers under Article I, Section 8, Clause 10 of the United States Constitution, which authorizes Congress "[t]o define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations," limited by international law?
2. Does 46 U.S.C. § 70502(d)(1)(C) of the MDLEA exceed Congress's powers by authorizing the United States to assert jurisdiction over foreign nationals for wholly foreign, extraterritorial crimes, in violation of international law?
3. Does Congress's power "[t]o define and punish . . . Felonies committed on the high Seas," authorize the United States to enforce its criminal laws upon foreign nationals for offenses committed inside a foreign nation's Exclusive Economic Zone?
Whether Congress's powers under Article I, Section 8, Clause 10 to define and punish felonies on the high seas are limited by international law and whether the Maritime Drug Law Enforcement Act exceeds constitutional authority by asserting jurisdiction over foreign nationals for extraterritorial crimes committed in a foreign nation's Exclusive Economic Zone