United States v. Wuilson Estuardo Lemus Castillo
Opinion
This appeal requires us to decide three questions about Wuilson Estuardo Lemus *1211 Castillo's conviction and sentence for drug trafficking under the Maritime Drug Law Enforcement Act: whether the Fifth Amendment entitles Castillo to relief from his mandatory minimum sentence; whether the Act exceeds the powers of Congress; and whether the government violated Castillo's constitutional rights when it detained him for 19 days before presenting him to a magistrate judge. The Coast Guard stopped Castillo's vessel in international waters on suspicion of drug trafficking. The Coast Guard and the Department of Homeland Security then detained Castillo for over two weeks while they transported him to Florida, where he received a hearing before a magistrate judge. The government charged Castillo under the Act, and Castillo moved to dismiss the indictment on the grounds that the Act and his detention were unconstitutional. After the district court denied the motion, Castillo pleaded guilty without reserving the right to complain about his detention on appeal. The district court then sentenced him to 132 months of imprisonment after ruling that it could not give Castillo judicial relief from the statutory mandatory minimum sentence for his crimes. We affirm.
I. BACKGROUND
On August 20, 2016, the Coast Guard intercepted the Cap Caleb approximately 105 nautical miles from the western coast of Guatemala. When Coast guardsmen approached the Cap Caleb , its crew began to jettison neon green bales that later tested positive for cocaine. Five people, including Wuilson Estuardo Lemus Castillo, were aboard the vessel, and all five asserted Guatemalan nationality. The Coast Guard informed Guatemala about the stop, and Guatemala confirmed the nationality of the vessel and gave the Coast Guard permission to board the Cap Caleb . Guardsmen then boarded the vessel and detained its crew members.
The government held Castillo between August 20 and September 9 while it transported him to the United States and coordinated prosecution with Guatemala. On September 8, the Coast Guard dropped Castillo at Guantanamo Bay, and the Department of Homeland Security airlifted Castillo to Florida on the same day. The next day, the government presented Castillo for an appearance before a magistrate judge.
After the government charged Castillo with drug-trafficking crimes under the Maritime Drug Law Enforcement Act,
The district court denied Castillo's motion to dismiss, and Castillo pleaded guilty in a written agreement with the government. Castillo's plea agreement contained no reservation of a right to appeal any issue about his detention.
At the sentencing hearing, the district court explained that it could not give Castillo and his codefendants the benefit of a statutory safety valve, which permits relief from a mandatory minimum sentence for other kinds of drug offenses,
see
II. STANDARD OF REVIEW
We review constitutional questions
de novo
.
See
United States v. Osburn
,
III. DISCUSSION
We divide our discussion in three parts. First, we explain that Castillo is not entitled to judicial relief from the mandatory minimum sentence. Second, we explain that our precedents foreclose Castillo's arguments about the constitutionality of the Act and its application to him. Third, we explain that Castillo cannot object to his detention on appeal.
A. Castillo Is Not Entitled to the Safety Valve.
The Maritime Drug Law Enforcement Act grants the United States jurisdiction over "a vessel registered in a foreign nation if that nation has consented or waived objection to the enforcement of United States law by the United States,"
Other federal laws that concern domestic drug offenses provide similar mandatory minimums,
see, e.g.
,
Castillo contends that the equal protection guarantee of the Fifth Amendment entitles him to the kind of relief that the safety valve provides because "[t]here is no rational reason to subject defendants who commit drug trafficking offenses outside the United States to harsher penalties than those who traffic drugs within [its] borders." He underscores that "even defendants who import drugs into the country" or possess "illicit drug[s] while on board a vessel arriving in the United States" may benefit from the safety valve if they are convicted of a domestic trafficking offense, while "a defendant who commits a similar offense half a world away, without any direct effect on the United States, [is] denied the same relief." Castillo concludes that the distinction between domestic and extraterritorial offenders is "at best ... an oversight, and at worst an irrational and arbitrary distinction." We disagree.
*1213
The Due Process Clause of the Fifth Amendment, U.S. Const. amend. V, forbids the federal government from "denying to any person the equal protection of the laws,"
United States v. Windsor
,
Under rational basis review, we apply "a strong presumption of validity,"
Heller v. Doe by Doe
,
Congress is entitled to deny the safety valve to offenders convicted under the Act. We apply rational basis review to the distinction between the Act and other statutes that punish domestic drug offenses because this distinction does not "infringe[ ] fundamental rights or concern[ ] a suspect class."
Id.
at 1346. And Congress has legitimate reasons to craft strict sentences for violations of the Act. In contrast with domestic drug offenses, international drug trafficking raises pressing concerns about foreign relations and global obligations. Indeed, the United States has signed a treaty that obliges it to "co-operate to the
fullest extent possible
to suppress illicit traffic by sea, in conformity with the international law of the sea." United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances art. 17(1), Dec. 20, 1988, 1582 U.N.T.S. 95 (emphasis added). And the Act explains that "trafficking in controlled substances aboard vessels is a serious international problem" that is "universally condemned."
*1214 B. The Act and Its Application to Castillo Are Constitutional.
Castillo contends that the Act both "exceeds Congress'[s] enumerated powers" and "violates due process by subjecting foreign nationals to prosecution for offenses bearing no nexus to the United States," but our precedents foreclose his arguments. On the question of the constitutionality of the Act, "we have repeatedly held that Congress has the power, under the Felonies Clause, to proscribe drug trafficking on the high seas."
United States v. Campbell
,
C. Castillo Cannot Challenge His Detention on Appeal.
Castillo invokes two constitutional amendments to challenge his detention. First, he contends that his detention violated the Due Process Clause of the Fifth Amendment. Second, he argues that his detention also violated his right under the Fourth Amendment to "a prompt judicial determination of probable cause." But we cannot consider either argument.
Castillo's guilty plea forecloses his argument "that the 19 day delay before [he] appeared before a magistrate [judge] ... [was] unreasonable" and "violate[d] due process." As the Supreme Court recently explained in
Class v. United States
, "[a] valid guilty plea ... renders irrelevant-and thereby prevents [a] defendant from appealing-the constitutionality of case-related government conduct that takes place before the plea is entered." --- U.S. ----,
Castillo nonetheless attempts to raise his detention on appeal by framing his complaint as a challenge to the constitutionality of the Act under the theory that "a guilty plea by itself [does not] bar[ ] a federal criminal defendant from challenging the constitutionality of the statute of conviction on direct appeal,"
Our colleague's concurring opinion would ignore the plea agreement and reach the merits of Castillo's detention, but "we can affirm the district court's judgment on any ground supported by the record."
United States v. Gill
,
Castillo also contends that his detention violated his right under the Fourth Amendment to "a prompt judicial determination of probable cause," but this argument fails for two reasons. First, Castillo failed to make this argument in his opening brief, and "[a]n appellant in a criminal case may not raise an issue for the first time in a reply appellate brief."
United States v. Fiallo-Jacome
,
IV. CONCLUSION
We AFFIRM Castillo's judgment of conviction and sentence.
MARTIN, Circuit Judge, Concurring in the Judgment.
I agree with the panel's treatment of Mr. Castillo's constitutional challenges to the Maritime Drug Law Enforcement Act. His challenges are foreclosed by Eleventh Circuit precedent. I also agree with the panel's ruling that there is a rational basis for the "safety valve" statute, which gives sentencing relief to certain defendants, to limit that relief to exclude those who commit drug trafficking offenses on the high seas. I am writing separately, however, because I do not join the majority's ruling that, by pleading guilty, Mr. Castillo waived his argument that his nineteen-day detention between his arrest and his first appearance violated the Due Process Clause of the Fifth Amendment. The government never made this argument and neither party briefed it. Because I believe the majority should have decided the issue of the pretrial detention on the merits, I do not join its opinion. Even so, I recognize my separate opinion has no real impact on Mr. Castillo. Despite my differences with one aspect of how the majority arrived at its result, I agree that Mr. Castillo's conviction and sentence should be affirmed.
I. The Panel Erred by Holding Mr. Castillo Waived Any Challenge to His Detention
Mr. Castillo entered into a plea agreement with the government, but it included *1216 no appeal waiver. Nothing in his plea agreement contemplated that Mr. Castillo would be barred from raising the issue of his pretrial detention on appeal. Perhaps because Mr. Castillo had no appeal waiver, the government never argued in its brief that his plea agreement foreclosed his ability to bring his pretrial detention claim. To the contrary, the government argued that Mr. Castillo's 19-day detention was justified on the merits. But rather than reaching the merits of the government's argument regarding Mr. Castillo's nineteen-day detention, the panel concluded his claim was barred by his guilty plea.
In holding Mr. Castillo waived his right to challenge his pretrial detention, the panel opinion relies on and cites only to
Class v. United States
, 583 U.S. ----,
As for Eleventh Circuit precedent, we have said that "a guilty plea waives all non-jurisdictional defects occurring prior to the time of the plea."
Tiemens v. United States
,
And in addition to valor, it seems worth mentioning that since the government never argued on appeal that Mr. Castillo had waived his right to raise his claims regarding pretrial detention, it is the government who faces a waiver.
See
United States v. Jacobo Castillo
,
*1217 II. Mr. Castillo's Pre-Trial Detention Does Not Warrant Reversal
Since I believe the panel should have addressed the merits of Mr. Castillo's argument about pretrial detention, I will do so here. Again, Mr. Castillo argues there was an unreasonable delay between when he was seized on board the Cap Caleb until his appearance before the Magistrate Judge in Miami. Mr. Castillo contends the delay violated substantive due process because it constituted punishment before trial.
While it is true that a person cannot be punished with imprisonment before an adjudication of guilt, it is also true that the government, "may detain [a defendant] to ensure his presence at trial ... so long as th[e] conditions and restrictions [of detention] do not amount to punishment, or otherwise violate the Constitution."
Jacoby v. Baldwin Cty.
,
Under Federal Rule of Criminal Procedure 5(a)(1)(B), a person arrested outside the United States must be brought before a Magistrate Judge "without unnecessary delay." In deciding whether there has been unnecessary delay, courts look to the distance from the place of arrest to the United States; the time between arrival in the United States and presentment to a magistrate; whether the defendant was improperly interrogated or otherwise mistreated; and whether exigent circumstances contributed to any delay.
See
United States v. Purvis
,
The Coast Guard boarded the Cap Caleb and detained Mr. Castillo on August 20, 2016. On August 26, the United States asked Guatemala to waive its jurisdiction over the ship and its crew. On August 29, Guatemala agreed to waive jurisdiction. On September 8, the Coast Guard brought Mr. Castillo to Cuba, and he was flown to Miami that same day. On September 9, he appeared before a Magistrate Judge in Miami.
A 19-day total delay is reasonable in this case. This Court has previously affirmed a five-day delay for a defendant apprehended 350 miles from Key West, Florida,
Purvis
,
Other courts have allowed longer delays for defendants arrested further away from the United States.
See
United States v. Zakharov
,
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Wuilson Estuardo Lemus CASTILLO, Defendant-Appellant.
- Cited By
- 40 cases
- Status
- Published