c32:No. 80-5689

JAMES C. HILL, Circuit Judge,
specially concurring:
I agree that we are bound by United States v. McInnis, 601 F.2d 1319 (5th Cir. 1979) and for that reason I concur.
I question the rationale of the holding in Mclnnis and I think that it binds us to an improper result in the present case. The inference could be drawn that the victims were in fact kidnapped at the commencement of the boat trip, but they just didn’t know it. They did not discover their predicament until the gun was drawn on the high seas.
If kidnapping occurs I should be hard put to find that it is not actionable merely because the act of kidnapping was accompanied by and concealed by a ruse. Nevertheless, because of Mclnnis the opinion of our panel is required.

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