Justia Admiralty & Maritime Law Opinion Summaries

The case concerns Cesar Gomez Almonte, who was convicted for his role in an international drug-smuggling conspiracy. Beginning in 2016, conspirators based in the Dominican Republic transported large quantities of cocaine into the United States using boats with secret compartments. Almonte was responsible for procuring and outfitting these vessels. After U.S. officials became aware of the operation, Almonte was indicted under seal in Washington, D.C., and later arrested during a layover at Miami International Airport.The United States District Court for the District of Columbia oversaw Almonte’s trial, during which a jury found him guilty of conspiracy to import cocaine and sentenced him to 184 months in prison. Almonte raised several constitutional claims on appeal: he argued that the 18-month delay between his indictment and arrest violated his Sixth Amendment right to a speedy trial, that venue in D.C. was improper under Article III and 18 U.S.C. § 3238, and that the district court’s refusal to grant a new trial after certain jurors expressed concerns about his counsel denied him an impartial jury.The United States Court of Appeals for the District of Columbia Circuit reviewed these claims. The court held that the delay between indictment and arrest did not violate Almonte’s right to a speedy trial, given the government’s good-faith investigative reasons and his failure to show specific prejudice. On venue, the court found that Almonte waived his only meritorious venue argument regarding the Eastern District of Virginia by not raising it when invited, and his other arguments about venue in Florida were either without merit or forfeited. Regarding juror impartiality, the court concluded that the district court handled the matter appropriately through voir dire and did not abuse its discretion in denying a mistrial or new trial. The judgment of the district court was affirmed. View "USA v. Almonte" on Justia Law

Coast Guardsmen intercepted two stateless vessels in international waters, each carrying large quantities of cocaine traveling from Colombia to Mexico. Alonso Pineda-Torres, a Colombian citizen and resident, was involved in planning and preparing these smuggling operations, including paying crewmembers and assisting with a launch from Colombia. After his extradition to the United States, he was indicted under the Maritime Drug Law Enforcement Act for conspiracy to distribute and possess cocaine on a vessel subject to U.S. jurisdiction.In the United States District Court for the Middle District of Florida, Pineda-Torres initially pleaded not guilty, but later entered a plea agreement, admitting involvement in the operation. He moved to dismiss the indictment, arguing the court lacked jurisdiction because his conduct occurred abroad and he was not captured in international waters. The district court denied his motion, and he subsequently pleaded guilty.The United States Court of Appeals for the Eleventh Circuit reviewed the constitutionality of the statute as applied to Pineda-Torres. He argued the statute was invalid because his acts lacked a nexus to the United States and occurred solely in Colombia. The Eleventh Circuit rejected these arguments, relying on its precedent that the Act’s extraterritorial reach is supported by universal and protective principles, and that no nexus to the United States is required. The court held that, even if the Felonies Clause alone did not provide authority, the Necessary and Proper Clause empowered Congress to criminalize conspiracies to commit drug trafficking on the high seas, including land-based conduct like Pineda-Torres’s. Accordingly, the Eleventh Circuit affirmed the conviction, holding Congress had constitutional authority to punish this kind of conspiracy involving drug trafficking in international waters. View "USA v. Pineda-Torres" on Justia Law

Three individuals were detected by U.S. authorities aboard a “go-fast” vessel approximately 158 nautical miles southeast of Isla Beata, Dominican Republic. During the encounter, the men were seen discarding packages, later recovered as cocaine. The Coast Guard boarded the vessel, whose master claimed Colombian nationality, but Colombian authorities would not confirm or deny the vessel’s registration. As a result, U.S. authorities deemed the vessel “stateless” and seized approximately 375 kilograms of cocaine. The men were arrested and charged under the Maritime Drug Law Enforcement Act (MDLEA) with conspiracy to possess with intent to distribute cocaine while onboard a vessel subject to U.S. jurisdiction.The United States District Court for the Southern District of Florida denied the defendants’ joint motion to dismiss the indictment. The court relied on Eleventh Circuit precedent upholding the constitutionality of the MDLEA, specifically regarding Congress’s ability to assert jurisdiction over stateless vessels on the high seas under the protective principle of international law. After the motion was denied, all three defendants pleaded guilty. At sentencing, the district court imposed varying terms of imprisonment and supervised release, granting some downward variances but denying a minor-role reduction to one defendant, who raised the issue on appeal.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court’s rulings. The appellate court held that binding circuit precedent forecloses constitutional challenges to the MDLEA, including claims based on the Felonies Clause, the lack of a nexus to the United States, and the statute’s definition of “stateless vessel.” The court also held that recent amendments to the Sentencing Guidelines regarding minor-role reductions were substantive and not retroactively applicable. The district court’s denial of a minor-role reduction and all other challenged rulings were affirmed. View "USA v. Martinez" on Justia Law

The case concerns an incident that occurred at Lake Mead, where Bryce Tyrone Verhonich operated a jet ski with a passenger, Lily Hatcher, in the early morning hours. After taking a detour to view the sunrise, both Verhonich and Hatcher fell into the water under rough conditions. Verhonich, who was not wearing a life jacket or engine cut-off lanyard, was rescued, but Hatcher drowned. Subsequent investigation revealed that neither individual was wearing a personal flotation device and the engine cut-off switch lanyard was not attached to Verhonich. Surveillance and body camera footage confirmed these facts. Hatcher’s body was later recovered, and an autopsy found drowning as the cause of death, with drugs as contributing factors.The case was first tried before a United States magistrate judge, who found Verhonich guilty of negligent operation of a vessel, failure to wear a personal flotation device, and failure to attach the engine cut-off switch lanyard—all in violation of National Park Service regulations. The magistrate judge sentenced him to six months in custody and two years of probation. Verhonich appealed to the United States District Court for the District of Nevada, arguing improper admission of evidence, insufficient evidence for conviction on negligent operation, and sentencing error. The district court affirmed the convictions and sentence.On further appeal, the United States Court of Appeals for the Ninth Circuit held that failure to wear a life jacket and failure to attach a safety lanyard may both be considered in determining negligent operation under 36 C.F.R. § 3.8(b)(8). The court found sufficient evidence to support Verhonich’s conviction, determined that evidentiary objections did not survive plain error review, and upheld the sentence as reasonable. The Ninth Circuit affirmed the district court’s judgment. View "USA V. VERHONICH" on Justia Law

A man sought to contest the forfeiture of a boat, claiming he was its rightful owner. The boat had been seized and made subject to forfeiture following his brother’s guilty plea to a federal drug conspiracy that began in May 2019. The man submitted a pro se petition in federal district court, asserting under penalty of perjury that he was the sole and rightful owner of the boat at the time it was seized. He attached several documents, all in Spanish, which he described as evidence of ownership and title. Later, with counsel, he provided additional documents purporting to show that he acquired the boat in 2017.The United States District Court for the District of Puerto Rico had issued a preliminary order of forfeiture following the brother’s plea. After the man’s petition, the government moved to dismiss, arguing that the petition failed to allege when and how the man acquired his interest in the boat, as required by statute. The district court granted the government’s motion to dismiss without a hearing and entered a final order of forfeiture. The man appealed, arguing that his submissions sufficed or, alternatively, that he should have been allowed to amend his petition.The United States Court of Appeals for the First Circuit reviewed the case de novo. It held that the man’s petition did not satisfy the statutory requirement to state the time and circumstances of his acquisition of the boat, and that untranslated documents could not be considered. However, the appellate court found that the district court did not address the alternative request for leave to amend, and the reasons for denial were not apparent from the record. The First Circuit vacated the denial of the petition and remanded for further proceedings, directing the district court to consider the request to amend in light of the liberal construction required by statute. View "US v. Calderin-Pascual" on Justia Law

A former ship captain was prosecuted after a fire broke out on his vessel, resulting in the deaths of thirty-four passengers and crew members. The ship, used for recreational diving, had multiple fire safety features and regulatory requirements, including the need for a roving night patrol and crew training in fire response. The captain had extensive maritime experience, but his crew was relatively inexperienced and had not been adequately trained in emergency procedures. On the night of the incident, no one was assigned to patrol for fires, and when the fire was discovered, the crew was unprepared to respond effectively. The captain contacted the Coast Guard but did not use the ship’s public address system to warn those below deck or attempt a rescue, ultimately abandoning ship along with other crew members. All individuals below deck died from smoke inhalation and asphyxiation.The United States District Court for the Central District of California presided over the initial criminal case. The first indictment tracked the language of the seaman’s manslaughter statute but was dismissed by the district court for not alleging gross negligence, which the court believed was required based on prior interpretations of a different manslaughter statute. The government reindicted, alleging gross negligence, and the case proceeded to trial. The jury was instructed that conviction could follow if the captain engaged in “misconduct and/or acted with gross negligence.” The jury found the captain guilty.On appeal, the United States Court of Appeals for the Ninth Circuit held that the seaman’s manslaughter statute, 18 U.S.C. § 1115, requires only ordinary negligence, not gross negligence. The court further concluded that, even if the jury instruction’s use of “misconduct” was erroneous, any such error was harmless because the instructions repeatedly referenced the higher gross negligence standard, the prosecution did not argue for a lower standard, and overwhelming evidence supported the conviction. The judgment was affirmed. View "USA V. BOYLAN" on Justia Law

Javier Hernandez was a participant in a transnational criminal operation that smuggled Cuban migrants into Mexico for eventual entry into the United States. His primary role involved stealing boats from Southwest Florida, which he delivered to co-conspirators in Mexico. These vessels were used to transport migrants from Cuba or were sold to support the smuggling enterprise, including bribing law enforcement. Hernandez also transported stolen vehicles to Mexico for similar purposes. He was compensated for each delivery and admitted to earning substantial profits from these activities.Federal authorities identified Hernandez through investigative techniques including cell-site location tracking and the recovery of his cell phone, which had been seized by Mexican authorities. The government obtained and executed a warrant to search his phone, extracting relevant data. After initial technical difficulties, a second extraction was performed after the warrant’s nominal expiration date but while the phone was still in government custody. Hernandez was indicted in the United States District Court for the Southern District of Florida on five counts, including conspiracy to encourage unlawful entry, transportation of stolen vessels, trafficking in vehicles with altered VINs, and money laundering. He moved to suppress the evidence from the second extraction, but the district court denied the motion, applied several sentencing enhancements, and imposed a sentence of ninety-five months.On appeal, the United States Court of Appeals for the Eleventh Circuit held that the second extraction did not violate Federal Rule of Criminal Procedure 41 or the Fourth Amendment, as Rule 41(e)(2)(B) allows for off-site copying and review of electronic information after the warrant period. The court also found that even if there were a procedural violation, suppression would not be warranted due to the agents’ good faith and lack of prejudice. The court determined that the evidence was sufficient to sustain all convictions and found no reversible error in the sentencing calculations or guideline enhancements. The Eleventh Circuit affirmed the district court’s judgment. View "USA v. Hernandez" on Justia Law

Two men were apprehended by the United States Coast Guard in international waters south of Puerto Rico after being observed jettisoning bales of cocaine from a vessel that lacked any indication of nationality. The Coast Guard recovered approximately 306 kilograms of cocaine and eventually transported the men, including the appellant, to St. Thomas in the U.S. Virgin Islands. The government asserted that the men were never brought to Puerto Rico, though the appellant disputed this. A grand jury in the District of the Virgin Islands indicted the appellant on multiple drug trafficking charges under the Maritime Drug Law Enforcement Act (MDLEA), as well as related offenses.The appellant moved to dismiss the indictment for improper venue, arguing that the MDLEA’s “any district” venue provision was unconstitutional and that venue was proper in Puerto Rico, where he claimed he was first brought. He also sought a pretrial evidentiary hearing on venue and the issuance of subpoenas for Coast Guard witnesses. The United States District Court of the Virgin Islands denied these motions, holding that the MDLEA’s venue provision was constitutional and that the Virgin Islands was a proper venue. The court also found that mere passage through Puerto Rico’s territorial waters did not constitute being “first brought” there under 18 U.S.C. § 3238, and denied the request for an evidentiary hearing, finding no colorable factual dispute that would affect the outcome.On appeal, the United States Court of Appeals for the Third Circuit reviewed the District Court’s decisions. The Third Circuit held that the MDLEA’s “any district” venue provision is constitutional, both facially and as applied, for offenses committed on the high seas. The court also found that the District Court did not abuse its discretion in denying a pretrial evidentiary hearing on venue. Accordingly, the Third Circuit affirmed the District Court’s orders. View "USA v. Cuevas-Almonte" on Justia Law

Two defendants, Antonio Lemus and Carlos Daniel Canario-Vilomar, were convicted of cocaine-related charges under the Maritime Drug Law Enforcement Act (MDLEA). Lemus was apprehended on December 30, 2021, when U.S. Coast Guard officers intercepted a vessel north of Panama, found cocaine, and determined the vessel was without nationality after Colombia could not confirm its registration. Canario-Vilomar was arrested on December 6, 2021, when a similar vessel was intercepted north of Colombia, and the Dominican Republic could not confirm its registration. Both defendants were charged with conspiracy to possess and distribute cocaine on a vessel subject to U.S. jurisdiction.In the Southern District of Florida, Lemus pled guilty to both counts and was sentenced to 87 months in prison. In the Middle District of Florida, Canario-Vilomar pled guilty to conspiracy, and his motion to dismiss the indictment was denied. He was sentenced to 120 months in prison. Both defendants appealed, arguing that the MDLEA exceeded Congress's authority under the Felonies Clause of the Constitution and that their vessels were not stateless under international law. Canario-Vilomar also argued that his offense occurred in an Exclusive Economic Zone (EEZ), which he claimed was beyond Congress's regulatory authority.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that Congress's authority under the Felonies Clause is not limited by international law, affirming that the MDLEA's definition of a "vessel without nationality" and the inclusion of the EEZ within the "high seas" were constitutional. The court also rejected Canario-Vilomar's due process argument, citing precedent that the MDLEA does not require a nexus to the United States for jurisdiction. Consequently, the Eleventh Circuit affirmed the convictions of both defendants. View "USA v. Canario-Vilomar" on Justia Law

The case involves Denys Korotkiy, the Chief Engineer of a foreign-flagged ship, who was charged with violating U.S. regulations by failing to maintain accurate records of bilge-water operations in the ship's Oil Record Book. The ship, MV Donald, dumped oily bilge water on the high seas and made misleading entries in the Oil Record Book to cover it up. Upon arriving in the U.S., the Coast Guard inspected the ship and found the records to be inaccurate and incomplete.The United States District Court for the Southern District of California denied Korotkiy's motion to dismiss the indictment. Korotkiy argued that the regulation did not require accurate records, that Congress and the international community did not intend for such prosecutions, and that only shipmasters, not chief engineers, should be charged. The district court, relying on precedents from other circuits, found that Korotkiy could be charged for failing to maintain an accurate Oil Record Book while in U.S. waters.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's decision. The Ninth Circuit held that 33 C.F.R. § 151.25 requires ships to maintain accurate records in their Oil Record Books while in U.S. waters. The court joined other circuits in interpreting the regulation to impose a duty on foreign-flagged vessels to ensure the accuracy of their records upon entering U.S. territorial waters. The court also rejected Korotkiy's argument that only shipmasters could be charged, noting that chief engineers can be prosecuted for aiding and abetting the failure to maintain accurate records. The court concluded that the regulation's plain language and the legislative purpose of preventing oceanic pollution supported the prosecution. View "USA V. KOROTKIY" on Justia Law