UNITED STATES v. MITCHELL

No. 76-2908.

553 F.2d 996 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry D. MITCHELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 1977.


Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Edward B. Galante, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Nathaniel H. Speights, Thomas M. Sherouse, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.


WISDOM, Circuit Judge:

This appeal turns on whether the Marine Mammal Protection Act of 1972 (MMPA), 16 U.S.C. § 1361 et seq., and related regulations, 50 C.F.R. § 216.11 (1974), apply to an American citizen taking dolphins within the territorial waters of a foreign sovereign state. The defendant-appellant, Jerry Mitchell, is an American citizen convicted of violating the Act by capturing 21 dolphins within the three-mile limit of the Commonwealth...

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