| United States v. Shi | |
|---|---|
 | |
| Court | United States Court of Appeals for the Ninth Circuit |
| Full case name | United States of America v. Lei Shi |
| Argued | November 6, 2007 |
| Decided | April 24, 2008 |
| Citation | 525F.3d709 |
| Case history | |
| Prior history | 396F. Supp. 2d1132 (D. Haw. 2003) |
| Court membership | |
| Judges sitting | Diarmuid O'Scannlain,A. Wallace Tashima,Milan D. Smith, Jr. |
| Case opinions | |
| Majority | O'Scannlain, joined by a unanimous court |
| Laws applied | |
| 18 U.S.C. § 2280 | |
United States v. Shi, 525F.3d 709 (9th Cir. 2008), is a case involving piracy on the high seas.[1] The case held that United States could try foreign nationals on foreign-flagged vessels for crimes committed on thehigh seas, outside the territory of the United States.[2]
A national of thePeople's Republic of China, Shi Lei (施雷[citation needed])[a], the cook of theFull Means II (富明二號[3]), aTaiwanese fishing vessel registered in theRepublic of the Seychelles and owned byTaipei-based FCF Fishery Company (豐群水產股份有限公司),[4] had been demoted to deckhand.[5] He had demanded to go home to China but was refused. In retaliation, he stabbed and killed Taiwanese Captain Chen Chung-She (陳忠社;Chén Zhōngshè) and Chinese first mate Li Da Feng (李大丰) when the ship was sailing in international waters off the coast of Hawaii on March 14, 2002.[4]
After killing the men, Shi ordered the second mate to "drive the ship,"[6] and ordered the other crewmembers to throw the captain's body overboard. He allegedly stated that he would kill anyone who disobeyed him and refused to let his crewmates use the radio. He controlled the ship for two days, setting a course for China and threatening to scuttle the vessel if his instructions were not obeyed.[7]
On March 16, 2002, the crew overpowered Shi,[4] and imprisoned him in a storage compartment.[2] The crew then set a course for Hawaii, but did not contact FCF, apparently because none of them knew how to operate the radio. FCF notified theU.S. Coast Guard that its ship was missing, as the company had not heard from the ship for several days, and asked the Coast Guard to help find it.[4]
Five days after Shi had seized the ship, a Coast Guard cutterKiska intercepted the ship approximately 60 miles fromHilo, Hawaii.[4] Over the next two days, Shi, who was still imprisoned by the crew in the storage compartment, spoke to a Coast Guard officer and admitted to having killed the two men.FBI agents then boarded the ship and arrested Shi. He was arrested for violating18 U.S.C.§2280, which prohibits acts of violence that endanger maritime navigation.[2]
Shi Lei | |
|---|---|
 Shi on March 29, 2002 | |
| Born | March 1981 (age 44) |
| Criminal status | Incarcerated |
| Motive | Revenge |
| Convictions | Seizing control over a ship by force resulting in death (18 U.S.C. § 2280) Performing an act of violence likely to endanger the safety of the ship resulting in death (18 U.S.C. § 2280) (2 counts) |
| Criminal penalty | 36 years imprisonment |
| Details | |
| Victims | Chen Chung-She Li Da Feng |
| Date | March 14, 2002 |
| Location | Off the coast ofHawaii |
| Weapon | Knife |
| Imprisoned at | FCI Yazoo City Low |
The Seychelles waived its jurisdiction. Instead, the United States federal government prosecuted Shi.[8]
Shi was charged with one count of seizing control over a ship by force resulting in death, and two counts of performing an act of violence likely to endanger the safety of the ship resulting in death.[9] After a jury trial before U.S. District JudgeHelen W. Gillmor of theDistrict of Hawaii, Shi was convicted and sentenced to 36 years in prison.[2]
TheU.S. Attorney General did not authorize a death sentence in this case, although one had been requested by the prosecuting attorney.[10]
Shi appealed, challenging, among other things, the district court's jurisdiction. In 2008 theUnited States Court of Appeals for the Ninth Circuit, in an opinion by JudgeDiarmuid F. O'Scannlain, rejected Shi's claims that he cannot be tried in the U.S. because piracy is subject touniversal jurisdiction, and because Sec. 2280 implements theConvention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation — to which the United States is a party – which expressly provides notice that prohibited conduct may be prosecuted by any state signatory.[1][2]
As of 2025[update], Shi, listed as "Lei Shi" in theFederal Bureau of Prisons (BOP) register under number 88784-022, is incarcerated atFCI Yazoo City Low in Mississippi.[11] He is scheduled for release on July 6, 2033.
.svg)