United States v. Dire

Abdi Wali Dire and other Somali nationals (defendants) were captured attempting to board and take over the USS Nicholas but were stopped before they could commit any robbery, and were charged with piracy under 18 U.S.C. § 1651, which defines piracy "as defined by the law of nations." The defendants argued that because Congress first enacted the piracy statute in 1819, when the law of nations was understood to require robbery, that 1819 definition should still govern and their conduct — captured before any robbery occurred — fell outside it. They were convicted and appealed.