A Nigerian soccer player boarded a commercial vessel (the Ref Vega pictured at left) hoping to make his way to Chile. Instead he was apprehended and found himself in the United States charged under the federal stowaway statute, 18 USC 2199, in the Southern District of Alabama.
Section 2199 has only been a felony since 2006. It reads in pertinent part, "Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States ... shall be fined under this title, or imprisoned not more than 5 years, or both." With like intent apparently refers to the earlier clause which states, "with intent to obtain transportation."
The defense sought to litigate the issue of intent to enter the United States at the trial. However, the district court ruled that intent to enter the United States is not required for conviction. Today the Eleventh Circuit affirmed.
United States v. Banjoko, ___ F.3d ___, 08-00364 (11th Circuit 2009) (Edmondson, Birch and Black)
Section 2199 has only been a felony since 2006. It reads in pertinent part, "Whoever, with like intent, having boarded, entered or secreted himself aboard a vessel or aircraft at any place within or without the jurisdiction of the United States, remains aboard after the vessel or aircraft has left such place and is thereon at any place within the jurisdiction of the United States ... shall be fined under this title, or imprisoned not more than 5 years, or both." With like intent apparently refers to the earlier clause which states, "with intent to obtain transportation."
The defense sought to litigate the issue of intent to enter the United States at the trial. However, the district court ruled that intent to enter the United States is not required for conviction. Today the Eleventh Circuit affirmed.
United States v. Banjoko, ___ F.3d ___, 08-00364 (11th Circuit 2009) (Edmondson, Birch and Black)
