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U.S. v. PENA

No. 10-15928.

684 F.3d 1137 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Hugo PENA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 20, 2012.

Attorney(s) appearing for the Case

Jaime A. Raich , Wifredo A. Ferrer , Laura Thomas Rivero , Kathleen Mary Salyer , Anne Ruth Schultz , U.S. Attys., Miami, FL, Phillip Drew DiRosa , U.S. Atty., Fort Lauderdale, FL, for Plaintiff-Appellee.

Ira Norman Loewy, I , Shohat, Loewy & Shohat, Philip Robert Horowitz , Law Office of Philip R. Horowitz, Miami, FL, for Defendant-Appellant.

Before DUBINA, Chief Judge, and ANDERSON and KLEINFELD, Circuit Judges.

ANDERSON, Circuit Judge:

This case presents an issue of first impression in this Circuit and, to the best of our knowledge, in the country. We are asked to determine whether the United States has jurisdiction to prosecute a nominated surveyor — i.e., a person who conducts a MARPOL survey on behalf of a foreign nation — for knowingly violating the MARPOL treaty while aboard a foreign vessel docked in the United States.1 Defendant...

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