United States v. Julian Sarmiento and Florentino Suarez

The sole issue in this case is whether United States customs officers had authority to board a vessel on the high seas, seize marijuana found aboard, arrest the occupants of the vessel, and prosecute the occupants. The occupants, the appellees, were charged with possessing marijuana with the intent to distribute, conspiracy to possess marijuana with the intent to distribute, and assault on a federal officer.

The government brings this appeal because the district court dismissed the indictment holding that an agency regulation could not expand the limited statutory authority granted to customs.…