HomeCircuit Court Admiralty CasesCriminal Law
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.

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