United States v. Rosero

On Appeal from the District Court of the Virgin Islands

OPINION OF THE COURT

ALITO, Circuit Judge.

These are appeals by five defendants who were convicted under 46 U.S.C. App. § 1903(a) for the possession, while on a vessel subject to the jurisdiction of the United States, of a large quantity of marijuana with the intent to distribute it. The government's theory at trial was that the vessel was subject to United States jurisdiction because it was "without nationality" or stateless under 46 U.S.C. App. § 1903(c)(1)(A) and (2). Because the district court gave an erroneous instruction to the jury…