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17 Fla. J. Int'l L. 439 (2005)
Standard of Review Foreign Statutory Law and International Law

handle is hein.journals/fjil17 and id is 447 raw text is: CASE COMMENT STANDARD OF REVIEW FOREIGN STATUTORY LAW AND INTERNATIONAL LAW Andy Ingram* I. FACTS The U.S. Coast Guard took the defendant into custody after his vessel, named Notty, was seized in the Caribbean Sea at the end of a high-speed chase. During the chase, the occupants of the vessel jettisoned many bales of marijuana.2 McPhee and the two other occupants were taken into custody.' The master of the vessel claimed that it was registered in the Bahamas, but after the Bahamian authorities did not provide an affirmative and unequivocal assertion that the vessel was Bahamian, the Coast Guard deemed the vessel stateless and took the crew to Key West, Florida.4 McPhee and the other crew members were indicted for conspiracy to possess marijuana with intent to distribute (count one) and possession of marijuana with intent to distribute (count two) while on board a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C. appendix §§ 19036) and 1903(a).' McPhee entered a conditional plea of * J.D., University of Florida Levin College of Law, May 2005. 1. United States v. McPhee, 336 F.3d 1269, 1271 (11 th Cir. 2003). The Coast Guard Cutters Tampa and Bear had been conducting law enforcement surveillance between eastern Cuba and the Caribbean. When the Bear ordered the Notty to heave to, the Natty attempted to flee. The Tampa fired warning shots in front of the Notty, but the Notty used evasive maneuvers for approximately twenty more minutes. The cutters and air surveillance eventually stopped the Natty and a party from the Bear boarded it. 2. Id. at 1272. Coast Guard personnel observed the crew of the Notty tossing packages overboard. A total of 2092 pounds of marijuana were recovered. 3. Id. at 1271. The two crew members taken with McPhee were Darron Lloyd Rolle and Dave Mario Williams. All three claimed Bahamian nationality. 4. Id. No registration was found on board the vessel. Inquiry directed at the Bahamian authorities did not result in an affirmative and unequivocal assertion that the vessel was registered in the Bahamas. 5. 46 U.S.C. app. § 1903. (a) Vessels of the United States or vessels subject to the jurisdiction of the United States It is unlawful for any person on board a vessel ... subject to the jurisdiction of the United States ... to knowingly or intentionally manufacture or distribute, or

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