United States v. Emmanuel Ormand Neil, AKA Emmanuel Ormand Meil
Opinion
Opinion
Fletcher, J.
Emmanuel Ormand Neil appeals his conviction for sexual contact with a minor in violation of 18 U.S.C. § 2244 (a)(3) (1994). Neil is a citizen of St. Vincent and the Grenadines who was employed on a cruise ship departing from and returning to an American port. The victim, a 12-year-old girl, was a United States citizen, and the crime took place in Mexican territorial waters. Neil contends that the United States did not have extraterritorial jurisdiction over the crime. We disagree and affirm the judgment of the district court.
I
During the week of October 1-7, 2000, Neil worked as a cabin steward on the Carnival Cruise Lines ship Elation on a round-trip vacation cruise from San Pedro Harbor in California to various ports in Mexico. The Elation has Panamanian registry, and is wholly owned by Carnival Cruise Lines. The majority of passengers on the Elation’s weekly round-trip cruise to Mexico are American.
During the cruise, Neil was responsible for cleaning the cabin of a 12-year-old girl. On October 5, 6, and 7, Neil felt the girl’s breasts and buttocks through her clothing. At the end of the voyage, the girl’s parents lodged a complaint and referral to the Federal Bureau of…