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U.S. v. NGUYEN

No. 90-2023.

916 F.2d 1016 (1990)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Oanh Vu NGUYEN, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Thomas S. Berg, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant, cross-appellee.

Kathlyn G. Snyder, Paula Offenhauser, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee, cross-appellant.

Before CLARK, Chief Judge, THORNBERRY, and HIGGINBOTHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

A jury convicted the defendant, Oanh Vu Nguyen, of violating the Endangered Species Act by illegally possessing a threatened species of sea turtle, see 16 U.S.C.A. §§ 1538(a)(1)(G), 1540(b)(1) (West 1985 & Supp.1990); 50 C.F.R. § 227.71(d) (1989), and by illegally importing the turtle, see 16 U.S.C.A. §§ 1538(a)(1)(G), 1540(b)(1); 50 C.F.R. § 227.71(a) (1989). The trial judge instructed the...

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