Case Law Database

Drug offences

Offences

• Purchase/ possession
• Distribution/ delivery/ dispatch/ transport

Keywords

• Illicit traffic(king)(-offence)
• Offence of possession for the purpose of production, export, import or trafficking

Piracy and Maritime crime

Keywords

• Maritime security
• Law of the Sea
• Maritime Crime

US v Gonzalez

United States of America

Fact Summary

The six defendants, all foreign nationals, were crew members aboard the ROSANGEL, a Honduran vessel. On May 24, 1984, the United States Coast Guard cutter V. LYPAN intercepted the ROSANGEL approximately 125 miles due east of Fort Lauderdale, Florida. A Coast Guard officer observed "bale type objects" on the main deck of the ROSANGEL. Coast Guard personnel boarded and searched the vessel, finding 114 bales of marijuana on the main deck and in the forward hold.

After a documentation check revealed that the vessel was of Honduran registry, the Coast Guard contacted the Honduran government by telephone and, with Captain Barrios' permission, waited on board the ROSANGEL for a response. When the Honduran government subsequently issued a statement of "no objection" to the boarding, search, seizure, and prosecution of the crew members of the ROSANGEL under United States law, the six defendants were arrested and transported to Miami for indictment and prosecution.

Commentary and Significant Features

This case highlights US interpretation of jurisdiction over foreign vessels on the high seas.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 
 
Proceeding #1:
  • Stage:
    appeal
  • Official Case Reference:
    776 F.2d 931 (1985)

    • Court

    Court Title

    United States Court of Appeals, Eleventh Circuit.

     
    • Criminal

    Description

    The defendants appealed their convictions on the basis the US couldn’t extend its “customs waters” onto the high seas surrounding a foreign vessel as it was a violation of due process. The court held that the construction of the act made it clear that it was intended to apply in an extraterritorial manner and that the acquiescence of the Honduran Government was a sufficient enough arrangement to grant jurisdiction. They also held that such construction of the act in no way violated international law regarding high seas freedoms.

     

    Defendants / Respondents in the first instance

    Number of other accused:
    6
    Defendant:
    Angel Rey Gonzalez
    Gender:
    Male

    All defendants were charged with the same offence and had the same appeal outcome.

    Defendant:
    Antonio Barrios
    Gender:
    Male
    Defendant:
    Laureno Antonio Gonzalez
    Gender:
    Male
    Defendant:
    Rafael Salvador Gonzalez
    Gender:
    Male
    Defendant:
    Emilio Reyes Royer
    Gender:
    Male
    Defendant:
    Jose Alejandro Severino
    Gender:
    Male

    Charges / Claims / Decisions

    Defendant:
    Angel Rey Gonzalez
    Charge details:

    Knowingly and intentionally possessing, with intent to distribute, marijuana on board a vessel within the customs waters of the United States, 21 U.S.C. § 955a(c).

    Verdict:
    Guilty
    Appellate Decision:
    Upheld

    The court held that the Honduran acquiescence of US Coast Guard action was enough to grant the US jurisdiction over the matter.

    Defendant:
    Antonio Barrios
    Defendant:
    Laureno Antonio Gonzalez
    Defendant:
    Rafael Salvador Gonzalez
    Defendant:
    Emilio Reyes Royer
    Defendant:
    Jose Alejandro Severino

    Court

    United States Court of Appeals, Eleventh Circuit.

    Sources / Citations

    https://scholar.google.com.au/scholar_case?case=17556283108592163183&q=US+v+Ibarguen-Mosquera+634+F.3d+1370+(11th+Cir.+2011)+&hl=en&as_sdt=2006