United States v. Pedro Saade, United States of America v. Carlos Zenon Rodriguez

BOWNES, Circuit Judge.

Following a bench trial, Pedro Saade and Carlos Zenon Rodriguez were convicted of unauthorized entry into a military danger zone located off the southeastern coast of the island of Vieques during a naval gunnery practice session, in violation of 33 C.F.R. § 204.2341 and 33 U.S.C. § l.2 The district court sentenced both of the appellants to the maximum term of six months imprisonment. Of the numerous grounds for reversal advanced by the appellants, the most telling is their challenge to the validity of 33 C.F.R. § 204.234. Before addressing this issue, we briefly describe…