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Jesus Alberto Hernandez Osorio v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-12376 · judgment February 3, 2026
Questions presented
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 Nations.” The Questions Presented are:
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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)?
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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?
Counsel of record
For petitioner
Kate Taylor
Office of the Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 27 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 19 2026Waiver of right of respondent United States to respond filed.
- Aug 11 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2026)