U.S. v. BEST

No. 01-4321.

304 F.3d 308 (2002)

UNITED STATES of America, Appellant v. Robert Alexander BEST.

United States Court of Appeals, Third Circuit.

Decided: September 18, 2002.


Attorney(s) appearing for the Case

David L. Atkinson, United States Attorney, Sarah L. Weyler (argued), Assistant United States Attorney, Office of United States Attorney, Charlotte Amalie, for Appellant.

David J. Comeaux (argued), Ogletree, Deakins, Nash, Smoak & Stewart, St. Thomas, for Appellee.

Before AMBRO, FUENTES, and GARTH, Circuit Judges.


FUENTES, Circuit Judge.

In this case, defendant Robert Best was seized by the Coast Guard from beyond the territorial sea of the United States and indicted for attempting to smuggle aliens into the country. We must decide whether Best, whose vessel was sailing under a Brazilian flag, may be tried in federal district court even though the United States did not obtain Brazil's consent to intercept the foreign vessel and seize the defendant. The District Court entered...

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