Pubdate: Wed, 08 Aug 2007
Source: Miami Herald (FL)
Copyright: 2007 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262
Author: David Adams, Times Latin America Correspondent
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

COURT SAYS 2-TON COCAINE CASE IS BEYOND U.S. JURISDICTION

MIAMI - In a landmark ruling, an appeals court has dismissed a case 
against a Saudi prince's former lover and a Colombian man convicted 
two years ago of conspiring to smuggle two tons of cocaine.

The pair were found guilty of using the prince's Boeing 727 to 
transport cocaine from Venezuela to France. But a three-judge panel 
at the 11th U.S. Circuit Court of Appeals ruled that no crime had 
been committed "against the United States," because the drugs never 
touched U.S. soil and were never intended for the American market.

Miami real estate agent Doris Mangeri and businessman Ivan Lopez were 
sentenced to 24 and 23 years in jail, respectively, for their role in 
the drug shipments.

Defense attorneys want Mangeri and Lopez released on bail, but 
prosecutors are strongly opposed, arguing that the pair partnered 
with a trafficking group that smuggled 50 tons of cocaine through the 
ports of Miami, Houston and New York.

The ruling could also end the government's case against two others 
charged in the case, including Saudi Sheik Nayef bin Sultan bin 
Fawwaz Al-Shaalan, who is a member of the Saudi royal family. U.S. 
officials were never able to arrest Al-Shaalan, a former University 
of Miami student, who is believed to be living in Saudi Arabia.

In a court motion opposing bail, Assistant U.S. Attorney Jacqueline 
Arango said the court's ruling sent a message "that narcotics dealers 
of the highest caliber are free to congregate here to plan worldwide 
narcotics distribution ... as long as they do not include the United 
States in a planned distribution."

But Lopez's attorney, Richard Strafer, an appeals specialist, said 
the government had failed to understand the law as intended by 
Congress. "Conversations about drugs do not amount to possession" he said.

Mangeri's defense attorney, Douglas Williams, said the appeals court 
ruling vindicated his efforts to have the case thrown out from its 
inception. "The court is saying this case was flawed from the get-go," he said.

Lopez and Mangeri are not completely out of the woods. The government 
can ask for the appeal to be reheard before the entire appellate 
court. Lopez and Mangeri could also face extradition to France where 
investigations into the drug shipments are pending.
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MAP posted-by: Beth Wehrman