Legal Opinion

United States v. James-Robinson

District Court, S.D. Florida

Decided June 11, 1981No. 81-47-Cr-EBDPublishedCited by 12 opinions

1Opinion of the Court

CORRECTED ORDER

EDWARD B. DAVIS, District Judge.

The question presented here is whether the United States overreaches the international law of jurisdiction when it tries to prosecute foreign crewmen of a stateless ship stopped on the high seas 400 miles from the U.S. when there is no allegation, and at trial there would be no proof, that the controlled substance found on the ship was ever intended to be distributed in this country. The defendants are charged with violation of a wide-ranging statute which makes it unlawful for any person on board a vessel subject to the jurisdiction of the…

2Cases cited29 opinions

  1. Murray v. Schooner Charming BetsySupreme Court of the United States · 1804
  2. The Paquete HabanaSupreme Court of the United States · 1899
  3. Strassheim v. DailySupreme Court of the United States · 1911
  4. United States v. Robert Morris Postal, Salem L. Forsythe, and George A. ChittyCourt of Appeals for the Fifth Circuit · 1979
  5. Cook v. United StatesSupreme Court of the United States · 1933

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3Cited by12 opinions

  1. United States v. Marino-GarciaCourt of Appeals for the Eleventh Circuit · 1982
  2. United States v. Edmundo Howard-AriasCourt of Appeals for the Fourth Circuit · 1982
  3. United States v. Nicomedes Martinez-HidalgoCourt of Appeals for the Third Circuit · 1993
  4. Matter of Extradition of DemjanjukDistrict Court, N.D. Ohio · 1985
  5. United States v. NewballDistrict Court, E.D. New York · 1981

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