United States v. Lawrence
United States Court of Appeals for the Fifth Circuit
727 F.3d 386 (2013)
Ade Lawrence, a Nigerian citizen living in Houston with his American wife, and Felicia Parker, a U.S. citizen (defendants), were indicted for conspiring to possess drugs aboard an aircraft with intent to distribute, in violation of 21 U.S.C. § 959(b), after traveling from the U.S. to South America to pick up cocaine and transporting it to the United Kingdom for sale. They argued that applying § 959(b) to conduct occurring entirely between two foreign countries -- pickup in South America, distribution in the U.K. -- would violate due process and international law, but the district court disagreed and convicted them.
Whether the extraterritorial application of a federal criminal statute is constitutionally permissible where evidence demonstrates Congress's intent for the statute to operate beyond United States borders.