United States v. Dire
680 F.3d 446
| 4th Cir. | 2012Background
- Apr 1, 2010, on the high seas between Somalia and the Seychelles, Somalis attacked the USS Nicholas, mistaking it for a merchant vessel.
- Defendants Dire, Ali, Umar, Gurewardher, and Hasan were captured, transported to ED Va, and convicted of piracy under 18 U.S.C. § 1651 and related offenses.
- Indictment charged piracy, attack to plunder, violence against persons on a vessel, conspiracy, assaults with dangerous weapons, firearm/destructive-device offenses, and explosives-related crimes.
- District court Hasan I held piracy under § 1651 to be a flexible, modern definition drawn from the law of nations (UNCLOS/High Seas Convention) and not limited to robbery; convicted all defendants on Count One.
- Defendants challenged Count One as non-robbery piracy, suppression of statements, JDA age issue, and § 924(c) sentence structure; Fourth Circuit affirmed.
- Court held that piracy under § 1651 evolves with customary international law and that the UNCLOS framework defines general piracy today; affirmed convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether piracy under §1651 includes violent acts without robbery | Hasan; piracy definition evolves with law of nations | Said/Defendants; piracy requires robbery | Yes; modern piracy includes non-robbery violence under UNCLOS/High Seas Convention |
| Whether jury instructions properly defined piracy under the law of nations | Government; instruction consistent with Hasan I | Defendants; error in element framing | Instruction properly captured modern piracy elements under law of nations |
| Whether multiple §924(c) convictions can yield consecutive sentences for separate predicate offenses | Government; multiple predicate offenses justify consecutive terms | Defendants; merger or single offense | Consecutive sentences appropriate for multiple predicate offenses under 924(c) |
| Whether the April 4, 2010 Miranda warnings adequately advised rights and supported waivers | Government; warnings adequate | Defendants; warnings defective and waivers not knowing | Warnings sufficiently conveyed rights; waivers found knowing and intelligent |
| Whether the district court properly applied the Juvenile Delinquency Act age requirement | Government; Hasan adult status shown | Hasan; child at time of offense | Government satisfied prima facie adult status; JDA not applicable |
Key Cases Cited
- United States v. Said, 757 F. Supp. 2d 554 (E.D. Va. 2010) (distinguishes piracy scope under §1651)
- Smith, 18 U.S. (5 Wheat.) 153 (1820) (piracy defined as robbery on the sea by law of nations)
- In re Piracy Jure Gentium, 1934 A.C. 586 (P.C.) (Privy Council 1934) (framed piracy jure gentium; frustrated robbery equals piracy)
- Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) (recognizes evolving law of nations and ATS context)
- Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010) (customary international law under UNCLOS had broad acceptance)