Gamboa-Cardenas

I. Background and Prior Proceedings

Acting on a tip from a United States Coast Guard (“USCG”) aircraft patrolling the international waters of the Pacific Ocean approximately 480 nautical miles south of San Jose, Guatemala, a USCG cutter intercepted a “go-fast” boat,3 which was stalled in the water. The USCG officials ques- tioned the four occupants of the “go-fast” boat in Spanish concerning their nationality, their last port of call, their next port of call, and whether they had any documentation for the vessel. One of the four identified himself as the master of the “go-fast” vessel and stated that the occupants were Colom- bian, that the vessel came from the Buenaventura port in Colombia and that Costa Rica was their next port of call. Although the occupants produced personal identification, they could not produce any documentation for the vessel. The USCG contacted Colombian authorities, who were unable to confirm that the “go-fast” boat was of Colombian registry. As a result, the USCG officials boarded the vessel. 2 Under 46 App. U.S.C. § 1903(a), “[i]t is unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of…