Legal Opinion
United States v. Hugo Pena
Court of Appeals for the Eleventh Circuit
Decided June 20, 2012No. 10-15928PublishedCited by 25 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
This case presents an issue of first impression in this Circuit and, to the best of our knowledge, in the country. We are asked to determine whether the United States has jurisdiction to prosecute a nominated surveyor — i.e., a person who conducts a MARPOL survey on behalf of a foreign nation — for knowingly violating the MARPOL treaty while aboard a foreign vessel docked in the United States. 1 Defendant Hugo Pena argues that under MARPOL it is the responsibility of the Flag State to conduct surveys and issue certificates, and therefore only the Flag State has…
2Cases cited28 opinions
- United States v. SchultzCourt of Appeals for the Eleventh Circuit · 2009
- Cunard Steamship Co. v. MellonSupreme Court of the United States · 1923
- United States v. Pedro Luis Christopher TinocoCourt of Appeals for the Eleventh Circuit · 2002
- United States v. BrowneCourt of Appeals for the Eleventh Circuit · 2007
- Wildenhus's CaseSupreme Court of the United States · 1887
23 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Lavont Flanders, Jr.Court of Appeals for the Eleventh Circuit · 2014
- United States v. James InnocentCourt of Appeals for the Eleventh Circuit · 2020
- United States v. Lazaro Ramirez-FloresCourt of Appeals for the Eleventh Circuit · 2014
- Wilmina Shipping as v. United States Department of Homeland SecurityDistrict Court, District of Columbia · 2013
- United States v. LangCourt of Appeals for the Eleventh Circuit · 2013
20 more not listed; retrieve them via the Exa API.