Olave-Valencia
United States v. Olave-Valencia
Opinion
Opinion
Moskowitz, J.
ORDER RE: AVAILABILITY OF SAFETY VALVE RELIEF UNDER 18 U.S.C. § 3553 (f)
On September 13, 2003, the United States Coast Guard observed Defendants on board a unmarked “go fast” vessel jettisoning approximately 5000 pounds of cocaine into the Pacific Ocean after they had apparently detected the Coast Guard’s helicopter. Defendants ignored the Coast Guard’s command and refused to heave to. After a short pursuit and shots across the bow, a Coast Guard sharpshooter disabled the vessel’s engine. A Coast Guard small boat was dispatched and officers boarded Defendants’ vessel approximately 250 nautical miles from the Honduras/Coast Rica boarder. Defendants were transported to the United States and arrested by members of the San Diego Maritime Task Force.
On October 1, 2003, a grand jury indicted Defendants with one count of conspiring to possess cocaine on board a vessel with the intent to distribute in violation of 46 App. U.S.C. § 1903(a), (c), (j), and one count of possession of cocaine on board a vessel with the intent to distribute in violation of § 1903(a), (c)(1)(A), (f). On May 28, 2004, a jury found Defendants guilty on both counts.