Shibin filed multiple pretrial motions, including a motion to dismiss the piracy charges in Counts 1 and 7, because the government did not allege that Shibin himself acted on the high seas, and a motion to dismiss all charges for lack of jurisdiction. The district court deferred ruling on the motion to dismiss the piracy charges until hearing evidence at trial and denied the other motions. Shibin renewed all motions to dismiss at the close of the government's case and again prior to sentencing, all of which the court denied.
During the course of the trial, which lasted ten days, Shibin called one witness, pirate and family member Mohamud Salad Ali, who was one of the leaders of the Quest piracy. While Salad Ali testified that he never personally asked for or formed an agreement with Shibin to be the negotiator for the Quest, he acknowledged, on cross examination, that the Quest investors could have selected Shibin as the negotiator without his knowledge. Salad Ali denied having told the FBI during earlier interviews that he had spoken with Shibin before going to sea and had told Shibin that he would call when he had “prey,” meaning a captured vessel; that he had told Shibin that he was going to sea to hijack a ship and that Shibin had replied that he was ready to be their translator; and that he had told Shibin that Shibin would be the negotiator.
In rebuttal, the government called FBI Agent Kevin Coughlin, who had participated in the earlier interviews with Salad Ali and had recorded what he had said. Agent Coughlin testified, over Shibin's objection, that Salad Ali had in fact made the statements he denied. Shibin objected because Coughlin reported what an interpreter said, not Salad Ali, and the interpreter was not present to be cross examined. Agent Coughlin explained that he used an FBI Somali linguist to translate *239 both his questions and Salad Ali's answers and that Salad Ali did not appear to have any trouble understanding the questions.
The jury convicted Shibin on all counts, and the district court sentenced him to 12 terms of life imprisonment, two of which were to be served consecutively; a consecutive 120–month term of imprisonment; and several concurrent 240–month terms.
This appeal followed.