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U.S. v. HILGER

No. 88-1177.

867 F.2d 566 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. David C. HILGER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1989.

Attorney(s) appearing for the Case

William T. McGivern, Jr., Asst. U.S. Atty., Appellate Section, San Francisco, Cal., for plaintiff-appellant.

Jeffrey R. Chanin, Karin Kramer, Keker & Brockett, San Francisco, Cal., for defendant-appellee.

Before NORRIS, NOONAN and LEAVY, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

On May 26, 1986 the tanker GOLDEN GATE collided with the fishing vessel JACK, JR. off the coast of California, killing all three members of the crew of the JACK, JR. On October 30, 1987 a grand jury returned an indictment charging the GOLDEN GATE's captain, appellee David Hilger, with three counts of violating 18 U.S.C. § 1115 (1982). On February 12, 1988, Hilger moved to dismiss the indictment on five grounds: (1) improper venue...

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