Justia Admiralty & Maritime Law Opinion Summaries

A drug interdiction in Caribbean waters by the United States Coast Guard ended with the arrest and indictment of multiple defendants, including Appellant. The Coast Guard determined that the vessel was "without nationality" and subject to the jurisdiction of the United States under the Maritime Drug Law Enforcement Act (MDLEA). Appellant was convicted of possession with the intent to distribute more than 1140 pounds of cocaine and heroin while on board a vessel in violation of the MDLEA. On appeal, Appellant argued that Congress lacked the authority under the Piracies and Felonies Clause to criminalize drug trafficking on board a vessel in international waters under the MDLEA without requiring a nexus between the conduct and the United States. The First Circuit Court of Appeals affirmed, holding that any jurisdictional error under the MDLEA related to Appellant's conviction did not constitute plain error in this case. View "United States v. Nueci-Pena" on Justia Law

Defendant entered a conditional guilty plea for conspiracy to carry a concealed dangerous weapon on an aircraft, in violation of 49 U.S.C. 46505(e), and for aiding and abetting the carrying of a concealed dangerous weapon on an aircraft, a violation of 18 U.S.C. 2 and 49 U.S.C. 46505(b)(1). At issue was whether 49 U.S.C. 46505 was unconstitutionally vague as applied to defendant, an airport employee, who sneaks a pocketknife past a security checkpoint and then gives it to a passenger who takes it aboard an airplane. The court concluded that 49 U.S.C. 46505 gave adequate notice to defendant that a pocketknife with a blade of slightly less than two-and-a-half inches was prohibited aboard an aircraft. Accordingly, the court held that the statute was not constitutionally vague as applied and affirmed the judgment. View "United States v. Harris" on Justia Law

Nicole Walker and Bart Hyde pled guilty to conspiring to manufacture and distribute methamphetamine. Defendants appealed their respective sentences, arguing that the district court clearly erred in calculating the drug quantity attributable to each of them. Hyde also argued that the district court erred in imposing an obstruction of justice enhancement and failed to reduce Hyde's sentence for acceptance of responsibility. The Eighth Circuit Court of Appeals affirmed, holding (1) the district court did not rely on unreliable evidence or apply an overly broad definition of conspiracy; (2) the district court did not clearly err in determining Defendants distributed "ice" as defined in the Sentencing Guidelines; (3) the district court did not err in applying an obstruction of justice enhancement based on the court's determination that Defendant intentionally gave false testimony; and (4) the district court did not err in denying a reduction for acceptance of responsibility. View "United States v. Walker" on Justia Law

MARPOL is the common name for the International Convention for the Prevention of Pollution from Ships, 1340 U.N.T.S. 62. At issue was whether the United States had jurisdiction to prosecute a nominated surveyor for knowingly violating the MARPOL treaty while aboard a foreign vessel docked in the United States. After thorough review of the relevant treaty and U.S. law, the court held that the United States had jurisdiction to prosecute surveyors for MARPOL violations committed in U.S. ports. Further, under the court's lenient standards of review for issues raised for the first time on appeal, the court found no reversible error in the indictment or jury instructions. Finally, the court affirmed the district court's denial of judgment of acquittal. Accordingly, the court affirmed defendant's conviction. View "United States v. Pena" on Justia Law

Defendants, all Somalis, were convicted, among other things, of the crime of piracy under 18 U.S.C. 1651 after they launched an attack on the USS Nicholas on the high seas between Somalia and the Seychelles. On appeal, defendants challenged their convictions and sentences on several grounds, including that their attack on the USS Nicholas did not, as a matter of law, amount to a section 1651 piracy offense. Because the district court correctly applied the United Nations Convention on the Law of the Sea (UNCLOS), U.N. Convention on the Law of the Sea, art. 101, definition of piracy as customary international law, the court rejected defendants' challenge to their Count One piracy convictions, as well as their mandatory life sentences. Defendants raised several additional appellate contentions which the court also rejected. Accordingly, the court affirmed the convictions and sentences of each of the defendants. View "United States v. Dire; United States v. Ali; United States v. Umar; United States v. Gurewardher; United States v. Hasan" on Justia Law