The D.C. Circuit releases opinions on Tuesdays and Fridays. We read them all so you don’t have to. On Friday (Aug. 24), the court issued one opinion:
United States v. Mosquera-Murillo. The United States Coast Guard intercepted a Colombian ship called the Mitsby that was loaded down with cocaine and marijuana in June 2012. Under a treaty with Colombia, the U.S. prosecuted three extradited Colombian citizens with drug distribution charges. The defendants pleaded guilty and each received a mandatory minimum sentence of 10 years. The defendants appealed, first challenging jurisdiction because they were not physically on board the Mitsby when it was stopped and also arguing for application of the so-called “safety valve” exception to their mandatory minimum sentences (a provision that allows a judge to sentence below the mandatory minimum if certain criteria are met). In an opinion by Judge Srinivasan (joined by Judges Millett and Sentelle), the court held that jurisdiction was proper because the acts of the persons on board the Mitsby could be attributed to land-based co-conspirators. Then—in a split with the Fourth and Ninth Circuits—the court vacated the mandatory minimum sentences, holding that the safety valve exception was available to the defendants so long as they met the specified criteria.
