United States v. Alvarez

Mauricio Alvarez (defendant) captained the Miami Vice, a 91-foot yacht offered for commercial charters for hire. United States Coast Guard (USCG) regulations required such charters to have a USCG-licensed captain who has taken a USCG-approved captain’s-license course. The course covers safety information including steps that must be taken before starting the vessel’s engines, such as conducting a headcount of all passengers. Alvarez was unlicensed and never took the USCG captain’s course. Alvarez knew of the licensing requirement and was even cited for failure to have one. During a charter, Alvarez navigated to an island and beached the Miami Vice instead of anchoring. C.M., R.M.P., and Alvarez all swam in the water behind the yacht. Alvarez raised the dive ladder and prepared to leave the island but did not inform C.M. and R.M.P., who jumped back into the water. Alvarez did not loudly announce that the yacht would be leaving immediately, check to ensure that everyone was onboard, or tell C.M. and R.M.P. to not get back in the water. Without taking the steps of a reasonable captain such as checking behind the yacht, establishing a rear lookout, or performing a headcount, Alvarez started the engines and placed the yacht in reverse. R.M.P. was pulled underneath the yacht and killed by the propeller. Alvarez tested positive for cocaine. A federal grand jury indicted Alvarez for negligently causing the death of R.M.P. in violation of the Seaman’s Manslaughter Statute, 18 U.S.C. § 1115. Alvarez pleaded guilty, reserving his right to appeal the denial of his motion to dismiss the indictment. Alvarez was sentenced to 33 months’ incarceration. Alvarez appealed, arguing § 1115 unconstitutionally criminalized simple negligence, was void for vagueness and overbroad, and violated his presumption of innocence and his right to remain silent.