U.S. v. BIOCIC

No. 90-5630.

928 F.2d 112 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jeanine M. BIOCIC, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1991.

As Amended May 6, 1991.


Attorney(s) appearing for the Case

John Patrick McGeehan, McGeehan & Associates, P.C., Fairfax, Va., argued (Alan Rosenblum, Rosenblum & Rosenblum, Alexandria, Va., on brief), for defendant-appellant.

David Paul King, Asst. U.S. Atty., argued (Breckinridge L. Willcox, U.S. Atty., Richard Kay, Sp. Asst. U.S. Atty., Baltimore, Md., on brief), for plaintiff-appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.


PHILLIPS, Circuit Judge:

Jeanine Biocic appeals her conviction for violating a United States Fish and Wildlife regulation, 50 C.F.R. § 27.83, by going partially nude in a national wildlife refuge. She contends on various grounds that the regulation is unconstitutional as applied to her. We affirm the conviction.

I

On a summer day in June of 1989, Ms. Biocic, an adult female, was walking on the beach on the Chincoteague National Wildlife Refuge...

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