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U.S. v. MEBANE

No. 87-5581.

839 F.2d 230 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. George Allen MEBANE; Leon Ralph Sears; Orville Larry Woodhouse; Nathan Cartwright, Jr., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 1988.

Attorney(s) appearing for the Case

Hugh Stevens (Abraham Penn Jones, Adams, McCullough & Beard, Raleigh, N.C., on brief), for defendants-appellants.

Rocco Joseph deGrasse, Asst. U.S. Atty. (J. Douglas McCullough, Acting U.S. Atty., Raleigh, N.C., on brief), for plaintiff-appellee.

Before RUSSELL and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WILKINS, Circuit Judge:

George Mebane, Ralph Sears, Larry Woodhouse and Nathan Cartwright, Jr. appeal their convictions for killing game birds while using live birds as decoys in violation of 16 U.S.C.A. § 703 (West 1985) and 50 C.F.R. § 20.21(f) (1986). Defendants contend that the district court erred in interpreting "live birds as decoys" pursuant to the statute and regulation and that the criminal sanctions of the migratory game regulation are unconstitutionally...

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