In 2001, a fellow named Roddcliffe McPhee was convicted in federal court in of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. McPhee ended up pleading guilty and was sentenced to nearly 5 years in prison, but reserved his right to appeal one issue arising from his case. As the federal appeals court eventually explained, in May, 2001, the United States Coast Guard Cutters Bear and Tampa were conducting surveillance in the Caribbean between Cuba and the Bahamas. They spotted what the court referred to as a “go-fast” vessel (don’t you hate that technical terminology?) named the Notty, which belonged to McPhee. When the Coast Guard told the Notty to “avast” o
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