Korotkiy

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2443 D.C. No. Plaintiff - Appellee, 3:22-cr-02762-

TWR-

v.

DENYS KOROTKIY, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted May 16, 2024 Pasadena, California

Filed October 10, 2024

Before: N. Randy Smith and Salvador Mendoza, Jr., Circuit Judges, and John Charles Hinderaker, District Judge. *

Opinion by Judge Mendoza; Dissent by Judge N. Randy Smith

* The Honorable John Charles Hinderaker, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Criminal Law

The panel affirmed the district court’s order denying Denys Korotkiy’s motion to dismiss a count charging him under 33 U.S.C. § 1908 with violating 33 C.F.R. § 151.25 (2023), a regulation that requires shipmasters to, among other things, maintain a record of certain bilge-water operations while in U.S. waters. Under international and federal law, it is unlawful…