Document Type

Case Note


This Note analyzes, in the context of United States v. Prado, whether under the Maritime Drug Law Enforcement Act, the phrase “subject to the jurisdiction of the United States” implicates subject matter jurisdiction. The Second Circuit in Prado held that subject to the jurisdiction of the United State does not implicate subject matter jurisdiction. The Fifth, Eleventh and D.C. Circuit have held otherwise. This Note ultimately concludes that clarification is needed to resolve this split and the clarification should align with the Second Circuit.

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