United States v. Klimavicius-Viloria
United States Court of Appeals for the Ninth Circuit
144 F.3d 1249 (1998)
- Written by Caitlinn Raimo, JD
Facts
The Nataly I was a Panamanian fishing vessel. Richard Klimavicius-Viloria (defendant) was the master of the ship, and Dagoberto Lerma-Lerma (defendant) was the chief engineer. Numerous crew members (defendants) were also aboard. In July 1995, a United States Navy vessel containing a United States Coast Guard Law Enforcement Detachment encountered the Nataly I in international waters. A Coast Guard officer contacted Klimavicius-Viloria by radio to ask questions. Klimavicius-Viloria explained that he and his crew were on a fishing voyage and gave the Coast Guard permission to board the Nataly I. The Coast Guard team members noticed irregularities that led them to believe the vessel’s true purpose was not fishing. That night, they obtained permission from Panama to search the vessel. During their search the next day, the Coast Guard determined that it needed to move fuel from one tank to another to complete the search. Four Navy engineers were then called aboard to assist with the transfer. Additionally, the Navy transported equipment to assist with the search and instructed the Coast Guard in using it. The day after that, the Coast Guard found a large amount of cocaine on the vessel. The Panamanian government gave the Coast Guard permission to seize the Nataly I and the cocaine. The Navy assisted the Coast Guard in transferring the Nataly I occupants to Cape St. George. Klimavicius-Viloria, Lerma-Lerma, and the crew members were interrogated and arrested by the Coast Guard. The Navy thereafter supervised the vessel’s occupants, provided medical care, and assisted with towing the Nataly I. Klimavicius-Viloria, Lerma-Lerma, and the crew members were charged with and convicted of possession of cocaine with intent to distribute on board a vessel. Klimavicius-Viloria and Lerma-Lerma were additionally charged with and convicted of conspiracy to possess cocaine with intent to distribute on board a vessel. Klimavicius-Viloria, Lerma-Lerma, and the crew members appealed their convictions, contending that the Navy’s participation in the search and seizure of the vessel violated the Posse Comitatus Act.
Rule of Law
Issue
Holding and Reasoning (Thompson, J.)
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