United States First Circuit

Convictions of defendants for violations of the Maritime Drug Law Enforcement Act (MDLEA), for possession of cocaine with intent to distribute, aiding and abetting that crime, all while on board a "vessel without nationality" is affirmed where: 1) defendants' possession of the cocaine with intent to distribute occurred on board a vessel subject to the jurisdiction of the United States as the district court's determination that the defendants' yola was "a vessel without nationality" within the meaning of the MDLEA was correct; 2) defendants' remaining arguments are without merit as a rational jury could easily have found the defendants guilty beyond a reasonable doubt; and 3) defendants' claim that the sentencing judge failed to understand his discretion to depart downwards under Booker is rejected.

Appellate Information

• Decided 12/01/2010
• Published 12/01/2010

Judges

• BOUDIN

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ricardo R. Morel, David E. Hollar