The defendant was aboard the Mr Geo and was encountered by the USS Oak Hill in international waters approximately 90 nm off the coast of Honduras. Cocaine was found on board. The defendant was charged for violations of the Maritime Drug Law Enforcement Act (MDLEA). The defendant appealed and filed a motion to vacate, set aside or correct sentence by a person in federal custody. The defendant claimed that the court lacked jurisdiction to adjudicate his case because he was arrested in the territorial waters of Honduras. In support of his argument, the defendant implicitly relied on the United Nations Convention on the Law of the Sea 1982 (UNCLOS) and argued that the court should consider the 200 nautical mile exclusive economic zone (EEZ) as territorial waters.

Held: Motion denied.

Article 3 of UNCLOS states that '[e]very state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention'. Article 55 of UNCLOS states that '[t]he exclusive economic zone is an area beyond and adjacent to the territorial sea'. Article 57 states that '[t]he exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured'. The defendant misinterpreted the definition of the EEZ under UNCLOS. In addition, the defendant did not cite any authority to support his argument.