203671P.pdf   05/30/2023  United States  v.  Kenneth McKee
   U.S. Court of Appeals Case No:  20-3671
   U.S. District Court for the Western District of Missouri - Joplin   
   [PUBLISHED] [Kelly, Author, with Erickson and Grasz, Circuit Judges] 
   Criminal case - Criminal law. Defendants were charged with "seaman's 
   manslaughter" under 18 U.S.C. Sec 1115 and operating a vessel in a grossly 
   negligent manner in violation of 46 U.S.C. Sec. 2302(b) for their actions 
   in a storm-related accident on Table Rock Lake in the Ozarks on July 19, 
   2018 that led to the death of 17 passengers on defendants' tourism duck 
   boat. Defendants moved to dismiss the indictment on the ground the 
   district court's admiralty jurisdiction did not extend to Table Rock Lake 
   because it is not navigable as a matter of law. The district court 
   dismissed the indictment, and the government appeals. Held: the scope of 
   18 U.S.C. Sec. 1115 is defined by the reach of admiralty jurisdiction; 46 
   U.S.C. Sec. 2302(b) is also limited by the scope of federal admiralty 
   jurisdiction; the district court did not err in applying this court's 
   precedent in Edwards v. Hurtel, 717 F.2d 1204 (8th Cir. 1983) in 
   determining that Table Rock Lake is not navigable as a matter of law; nor 
   did the record support the government's argument that the lake is 
   navigable in fact; as a result, the district court properly dismissed the 
   criminal complaint for lack of jurisdiction. Judge Grasz, concurring. 
   Judge Erickson, concurring in part, and dissenting in part.