U.S. v. MAYNARD

Nos. 88-1804 to 88-1806.

888 F.2d 918 (1989)

UNITED STATES of America, Appellee, v. Errol MAYNARD, Defendant, Appellant. UNITED STATES of America, Appellee, v. Glen PETERSEN, Defendant, Appellant. UNITED STATES of America, Appellee, v. Austin CAINES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 14, 1989.


Attorney(s) appearing for the Case

Lydia Lizarribar-Masini (argued), by appointment of the Court, for appellant Errol Maynard.

Virginia Chosed, with whom Entin, Schwartz, Margules, and Lazarus, were on brief, for appellant Glen Petersen.

Eric M. Quetglas Jordan, San Juan, P.R., for appellant Austin Caines.

Antonio R. Bazan, Asst. U.S. Atty., Crim. Div., with whom Charles E. Fitzwilliam, Acting U.S. Atty., was on brief, for U.S.

Before BOWNES and SELYA, Circuit Judges, and HARRINGTON, U.S. District Judge, of the District of Massachusetts, sitting by designation.


BOWNES, Circuit Judge.

Defendants-appellants Errol Maynard, Glen Petersen, and Austin Caines, appeal their jury conviction of possession with intent to distribute marijuana, in violation of 46 U.S.C.App. § 1903(a), (c), and (f), on the grounds, inter alia, that their vessel was not subject to the jurisdiction of the United States when the Coast Guard boarded and searched it. We reverse the convictions for lack of jurisdiction.

I. BACKGROUND

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