United States v. Said, 680 F.3d 374

Five defendants charged in an eight-count superseding indictment include a piracy count under 18 U.S.C. § 1651 for firing at USS Ashland in the Gulf of Aden at about 5:00 a.m. on April 10, 2010.
The district court dismissed the piracy count under Rule 12 for lack of a purported property taking.
The government appealed the dismissal; the Fourth Circuit heard oral argument on March 25, 2011 and directed supplemental briefing on the district court’s dismissal procedure.
The court put the appeal in abeyance pending United States v. Dire and, after Dire was decided, vacated the Said order and remanded for proceedings consistent with Dire.
The government did not appeal the piracy dismissal as to the sixth defendant Jama Idle Ibrahim; an amicus participated in the proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the piracy count was properly dismissed under Rule 12.	Said argued dismissal was proper for lack of a property taking.	Said argued the indictment could still support piracy liability despite no taking.	Remand; vacated and remanded pending Dire guidance.
Whether the district court’s method of dismissal was proper for interposing an interlocutory appeal.	Government contends the procedure was appropriate for review.	Defendants contend the procedure was improper or unnecessary.	Remand; vacated and remanded pending Dire guidance.
What effect Dire has on the propriety of the piracy dismissal and the case’s procedural posture.	Dire controls framework for dismissal of piracy counts without a property taking.	Dire provides the governing rule for procedures on dismissal, potentially altering earlier ruling.	Remand; vacated and remanded consistent with Dire.

United States v. Dire, 680 F.3d 446 (4th Cir. 2012) (controls procedure for piracy-count dismissals in this context)
United States v. Said, 757 F. Supp. 2d 554 (E.D. Va. 2010) (district ruling dismissing piracy count under Rule 12)