Criminal Law
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue criminal law:
United
States v. Lee
Second Circuit Court of Appeals
September 13, 2000
Criminal Law: defendant's guilty plea
to seaman's manslaughter under 18 U.S.C. §1115 was upheld where the
evidence showed that he directed a vessel loaded with illegal aliens to
ground on a beach with orders that the illegal aliens jump overboard and
swim to shore which directly lead to a number of deaths from drowning and
hypothermia.
United
States v. Bustos-Useche
Fifth Circuit Court of Appeals
November 13, 2001
International Law:persons charged with
a crime under the Maritime Drug Law Enforcement Act, 46 U.S.C. app. §
1903, do not have standing to raise issues of international law, thus the
defendant could not argue lack of jurisdiction based on the legitimacy
of the flag nation's consent to the enforcement of US law on the Panamanian
vessel in international waters, which could only be raised by Panama; Criminal
Law: defendant's jurisdictional argument that Panama did not consent
to enforcement of US law on the Vessel until after drugs were found on
board, thus nullifying the district court's jurisdiction, also fails since
the only statutory prerequisite to jurisdiction under section 1903(c)(1)(C)
is that the flag nation consent to the enforcement of United States law
before trial.
United
States v. Tucor International, Inc.
Ninth Circuit Court of Appeals
January 25, 2001
Government Regulation/Criminal Law: defendants
were engaged in the business of motor transportation within the Philippines
and trucked the belongings of United States military from Subic Bay Naval
Base and Clark Air Force Base to a Philippine seaport, where the belongings
were loaded onto vessels bound for the United States; the United States
Department of Justice was in error in prosecuting defendants for a conspiracy
to fix prices for the ground transportation in the Philippines since they
were immunized against antitrust liability by Section 7(a)(4) of the Shipping
Act of 1984, 46 U.S.C. app.1706(a)(4); the Department's criminal prosecution
of defendants, although based on an unreasonable reading of the law and
"faulty judgment" in not informing the District Court of the Shipping Act's
immunity provisions, was not "vexatious, frivolous, or in bad faith," thus
defendants were not entitled to reimbursement of their attorneys fees and
costs. |