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U.S. v. SHI

No. 06-10389.

525 F.3d 709 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Lei SHI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2008.

Attorney(s) appearing for the Case

DeAnna S. Dotson, Esq., Kapolei, HI, argued the cause for the defendant-appellant and filed briefs.

Marshall H. Silverberg, Assistant United States Attorney, Honolulu, HI, argued the cause for the plaintiff-appellee; Thomas J. Brady, Assistant United States Attorney, Honolulu, HI, filed a brief for the plaintiff-appellee; Edward H. Kubo, Jr., United States Attorney, District of Hawaii, Honolulu, HI, was on the brief.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, Jr., Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether a foreign national who forcibly seizes control of a foreign vessel in international waters may be subject to the jurisdiction of the United States when such vessel is intercepted by federal authorities.

I

A

On March 14, 2002, the Full Means No. 2, a Taiwanese fishing vessel registered in the Republic of the Seychelles, was sailing in international waters off the coast...

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