The defendant was convicted of violating the Maritime Drug Law Enforcement Act (MDLEA) after his vessel was intercepted by the United States Coast Guard (USCG). The defendant claimed Colombian nationality for the vessel. After the government of Colombia indicated that it could neither confirm nor deny the registry of the vessel, the USCG determined that the vessel was without nationality within the meaning of the MDLEA and boarded the vessel. Cocaine was found on board. The District Court applied the pilot-navigator sentencing enhancement to the defendant because it found that the defendant acted as a navigator in the course of committing the underlying offence. The defendant appealed.

Held: Appeal dismissed.

Judge Howard and Judge Barron held that the defendant was subject to the pilot-navigator sentencing enhancement for acting as navigator.

Judge Torruella filed the dissenting opinion and questioned whether the US has the power to apply US criminal law to stateless vessels. Article 91 of United Nations Convention on the Law of the Sea 1982 (UNCLOS) provides that '[s]hips have the nationality of the State whose flag they are entitled to fly'. Although the United States has not ratified UNCLOS, art 91 is part of the customary international law codified by UNCLOS, which is recognised by the US. Thus, there is a long-established concept of the law of the flag, a principle of customary international law that is adhered to by the United States. In this case, it is difficult to deny the vessel’s Colombian connection and nationality, which if it had been properly raised and established, should have deprived the court of jurisdiction and led to dismissal of the charges against the defendant. Although Colombia could neither confirm nor deny the registry of the vessel within the short time provided, Colombia did not grant USCG permission to subject the vessel to the US jurisdiction. The dissenting opinion found that subjecting the vessel to the US criminal law unilaterally was an expansion of the US jurisdiction at the expense of international law.