United States v. Dire; United States v. Ali; United States v. Umar; United States v. Gurewardher; United States v. Hasan

Docket Number11-4310,11-4311,11-4312,11-4313,11-4317
Decision Date23 May 2012

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64 cases
  • Said v. United States
    • United States
    • U.S. District Court — Eastern District of Virginia
    • July 19, 2021
    ... ... 1651, is likely a crime of violence in accordance with "contemporary customary international law." United States v ... Hasan , 747 F. Supp. 2d 599, 640 (E.D. Va. 2010), aff'd sub nom United States v ... Dire , 680 F.3d 446 (4th Cir. 2012). Specifically, the elements for Piracy are as follows: (1) that the defendant committed an act of piracy as defined by the law of nations; (2) that the defendant did so on the high seas; and (3) that afterwards the defendant was brought into or found in the United ... ...
  • Beyle v. United States, CIVIL ACTION NO. 2:16cv603
    • United States
    • U.S. District Court — Eastern District of Virginia
    • September 1, 2017
    ... ... United States v. Shibin , 722 F.3d 233, 240 (4th Cir. 2013) (emphasis omitted) (quoting United Nations Convention on the Law of the Sea art. 101, Dec. 10, 1982, 1833 U.N.T.S. 397, 436); 13 see United States v. Dire , 680 F.3d 446, 45159, 469 (4th Cir. 2012) (also adopting this definition of piracy under the law of nations and affirming United States v. Hasan , 747 F.Supp.2d 599 (E.D. Va. 2010) (Davis, J.), and overturning United States v. Said , 757 F.Supp.2d 554 (E.D. Va. 2010 (Jackson, J.))). Accordingly, ... ...
  • United States v. Gutierrez
    • United States
    • U.S. District Court — District of New Mexico
    • May 5, 2018
    ... ... United States v. Hudson , 11 U.S. at 33. Accordingly, the Court has criminal jurisdiction only to the extent that Congress grants such jurisdiction, and there is no federal criminal common law. See Hudspeth v. Melville , 127 F.2d at 374. See also United States v. Dire , 680 F.3d 446, 468 (4th Cir. 2012)("[T]here are no federal common law crimes."). Congress has, however, granted "original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States." 18 U.S.C. 3231. This grant of Page 13 original criminal ... ...
  • Gonzalez v. State
    • United States
    • Maryland Court of Appeals
    • December 20, 2012
    ... ... Although he was born in the United States, Trooper Torres lived in Puerto Rico until the age of nine or ten, where he spoke ... For example, in United States v. Abdi Wali Dire, 680 F.3d 446, 470 (4th Cir.2012), petition for cert. filed, U.S.L.W. (U.S. Oct. 2, 2012) (No ... ...
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2 books & journal articles
  • Marine conservation campaigners as pirates: the consequences of Sea Shepherd.
    • United States
    • Environmental Law Vol. 44 No. 3, June 2014
    • June 22, 2014
    ...Piracy jure gentium, [1934] A.C. 58; 3 BILC 836, 2. (235) United States v. Smith, 18 U.S. at 155 (1820). (236) See United States v. Dire, 680 F.3d 446, 451 (4th Cir. 2012) (discussing the defendants' challenge based on a narrow definition of (237) Id. at 468-69 ("[W]e are constrained to agr......
  • Combating Somali pirates: Fourth Circuit casts warning by holding piracy includes failed attempts.
    • United States
    • Suffolk Transnational Law Review Vol. 36 No. 1, January 2013
    • January 1, 2013
    ...States v. Dire, 680 F.3d 446 (4th Cir. Piracy off the coast of Somalia, a problem that has emerged from the instability of the country's economic, social, and political sectors, threatens international security, the global economy, and American citizens and commercial interests. (1) Yet, de......