United States v. Fafalios

Defendant appealed his conviction for failing to maintain an oil record book aboard a foreign-flagged merchant sea vessel, in violation of 33 U.S.C. 1908(a) and 33 C.F.R. 151.25. The district court denied defendant's motion for judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure. The court reversed, concluding that the plain language of 33 C.F.R. 151.25 states that only the “master or other person having charge of the ship” has a duty to maintain the record book. The government concedes that defendant was not the “master or other person having charge” of the vessel at issue. The court vacated the conviction and remanded for entry of acquittal. View "United States v. Fafalios" on Justia Law