Circuit split · criminal law
Whether 21 U.S.C. § 952(a)'s prohibition on importing controlled substances applies to the contiguous zone of the United States.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Cabaccang332 F3D 622
Ninth Circuit Court of Appeals · June 6, 2003
“6 This mountain of consistent authority is no impediment for the majority: It’s two-for-one day at Circuit Split Emporium, as we boldly go where no other circuit has gone before in holding that section 952(a) does not apply to the contiguous zone.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
19 U.S.C. § 1401 — Miscellaneous
“When used in this subtitle or in part I of subtitle II— (a) Vessel The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. (b) Vehicle The word “vehicle” includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft. (c) Merchandise The word “merchandise” means goods, wares, and chattels of every description, and includes …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other sideGoggin853 F.2d 845
- On the other sideNuevo979 F.2d 884
- On the other sideLueck678 F.2d 905
- On the other sideSeni662 F.2d 286
- DiscussedPerez776 F.2d 802
- DiscussedArgentine Republic v. Amerada Hess Shipping Corp.488 U.S. 428
What the split turns on
- Statutes:
- 19 U.S.C. § 1401(j) ·
- 19 U.S.C. § 1581(a)-(b) ·
- 21 U.S.C. § 952(a) ·
- 21 U.S.C. § 802(28) ·
- 21 U.S.C. § 951(b)
- Doctrines & tests:
- canon against extraterritoriality
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.