United States v. Roman Ferrer Rubies, and Pedro Vera

Appellants were convicted by jury verdicts of conspiracy and attempt to import marijuana into the United States. Both appellants are foreign citizens and were aboard a “stateless” vessel, the HELENA STAR, that was carrying a large quantity of marijuana. She was boarded and seized by the United States Coast Guard about 150 miles off the coast of Washington. We affirm.

FACTS

The YOCONA is a 213 foot United States Coast Guard cutter. On April 15, 1978, she left from Astoria, Oregon, on a general law enforcement patrol. She was scheduled to patrol the Washington coast varying her distance from the coast as circumstances dictated.

During the evening of April 15, a lookout aboard the YOCONA spotted to his west what appeared to be a small airplane that was flying low to the water. At this time the YOCONA was proceeding in a northerly direction and was twelve to fifteen miles offshore, near Grays Harbor, Washington.

The commander of the YOCONA, Commander Charles W. Morgan, was notified of the sighting. Commander Morgan testified that this sighting was unusual, especially because the plane was so near the water. He suspected the plane was looking for a ship, perhaps one engaged in…