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United States v. Davis

905 F.2d 245 (1990)

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United States v. Davis

United States Court of Appeals for the Ninth Circuit
905 F.2d 245 (1990)

Facts

Peter Davis (defendant), a non-United States citizen, was the captain of the Myth, a sailing vessel registered by the United Kingdom believed to have been smuggling drugs. The Myth departed from Hong Kong and was suspiciously headed towards San Francisco when it was stopped by a United States Coast Guard boat several miles offshore. Davis refused to let the Coast Guard officers on board, stating that they lacked the authority to board the ship. Rather than continuing on the journey towards San Francisco, Davis announced that the Myth would sail to the Caribbean by way of Mexico. The Coast Guard then requested, and was granted, permission by the United Kingdom to board the Myth pursuant to an agreement with the United States. The Coast Guard officers then boarded the Myth and found packages of marijuana. Davis was charged with possession of marijuana and conspiracy to possess marijuana on a vessel subject to the jurisdiction of the United States (plaintiff) with intent to distribute in violation of the Maritime Drug Law Enforcement Act (MDLEA). Davis moved to dismiss the charges for lack of jurisdiction, arguing that the MDLEA did not apply to persons on foreign vessels outside the territory of the United States. The motion was denied, and Davis was later found guilty. Davis appealed.

Rule of Law

Issue

Holding and Reasoning (Wiggins, J.)

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