Collection of Evidence in Mexico Irrelevant to Determination Whether Application of Law Was Impermissibly Extraterritorial

The World in U.S. Courts: Fall 2013 - Criminal Law

10 Ring Precision, Inc. v. B. Todd Jones, 722 F.3d 711, 2013 U.S. App. LEXIS 14083 (5th Cir. July 11, 2013)

The Fifth Circuit affirmed the U.S. Government’s partial use of electronic trace data collected by Mexican officials in a prosecution for illegal arms trafficking. The Court held, in part, that the presumption against extraterritorial application does not apply because the conduct of Mexican officials, using a U.S. Government database, is a law enforcement activity that is not part of the determination whether the conduct in question was extraterritorial. As a result, the Court rejected the plaintiff’s arguments that the Gun Control Act only allows trace data from domestic criminal investigations.

[Editor’s Note: Compare the reasoning of this case with that in United States v. Stokes, discussed elsewhere in this report.]

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