## Facts

- Five Somali nationals attacked a vessel on the high seas between Somalia and the Seychelles, mistaking a U.S. Navy frigate (USS *Nicholas*) for a merchant ship.
- The defendants operated an “attack skiff” and a larger “mother-ship,” carrying AK-47 rifles, a loaded RPG, and a boarding ladder.
- As the skiff approached within close range of the frigate, two defendants fired automatic gunfire at the ship to force surrender; the ship returned fire, and no one was killed or wounded.
- The attackers fled, discarding weapons and the ladder overboard, but were pursued and captured; the skiff was seized first, followed by the mother-ship.
- After receiving Miranda warnings through Somali interpreters, the defendants gave separate statements admitting participation in a plan to hijack a merchant vessel for ransom.

## Issues

1. Whether an unsuccessful violent attack on the high seas, without taking property, constitutes “piracy as defined by the law of nations” under 18 U.S.C. § 1651.
2. Whether postarrest statements obtained aboard a U.S. warship from non-English-speaking foreign nationals were admitted in violation of Miranda and the Fifth Amendment, including whether waivers were knowing, intelligent, and voluntary.
3. Whether the indictment and jury instructions on piracy were legally sufficient and whether the convictions and sentences were lawful, including challenges involving the Juvenile Delinquency Act and sentencing claims.

## Decision

- The Fourth Circuit affirmed all convictions and sentences.
- The court held that § 1651 incorporates a contemporary, evolving international-law definition of piracy and does not require proof of robbery or a completed taking.
- The court concluded the charged conduct constituted piracy because it involved illegal acts of violence on the high seas for private ends.
- The court upheld admission of the defendants’ warned statements, finding adequate Miranda warnings and valid waivers under the totality of the circumstances.
- The court rejected challenges to the indictment, jury instructions, and sentencing (including claims premised on juvenile status and constitutional limits on punishment).

## Legal Principles

- 18 U.S.C. § 1651’s reference to “piracy as defined by the law of nations” incorporates the law-of-nations definition as it exists at the time of prosecution, not a fixed 1819 meaning limited to “robbery upon the sea.”
- Under customary international law reflected in widely accepted treaty definitions, piracy includes illegal acts of violence, detention, or depredation on the high seas for private ends, even if no property is taken.
- A piracy indictment is sufficient where it charges piracy “as defined by the law of nations” and alleges facts constituting violence for private ends on the high seas.
- Miranda warnings conveyed through interpreters may be adequate, and waivers may be valid, when the totality of circumstances shows defendants were informed of core rights and voluntarily chose to speak.
- Severe statutory penalties for piracy may be upheld when authorized by statute and supported by the seriousness of the offense and the defendants’ conduct.

## Conclusion

The Fourth Circuit held that federal piracy under § 1651 covers violent high-seas attacks for private ends without any completed robbery, and it affirmed convictions, admission of translated Miranda-waived statements obtained aboard a U.S. warship, and the defendants’ life-plus sentences.


United States v. Dire, 680 F.3d 446 (4th Cir. 2012)