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U.S. v. LEE

Nos. 90-30127, 90-30150, 90-30162, 90-30164, 90-30165 and 90-30175.

937 F.2d 1388 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick LEE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jen-Tai CHU, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Wesley Ming HSU, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Meng Gin HSU, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Chan Lon LIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Chin-Hong WANG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Mark D. Mestel, Mestel & Muenster, Everett, Wash., Fred Boness, Preston Thorgrimson Shidler Gates & Ellis, Anchorage, Alaska, Larry Finegold, Finegold & Zulauf, James L. Vonasch, Peter A. Camiel, Mair, Abercrombie, Camiel & Rummonds, David S. Marshall, Prince, Kelley, Newsham & Marshall, Seattle, Wash., for defendants-appellants.

John T. Stahr, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WALLACE, Chief Judge, and O'SCANNLAIN and LEAVY, Circuit Judges.

WALLACE, Chief Judge:

Lee, Chu, Wesley Hsu, Meng Hsu, Lin, and Wang (the fishermen) were indicted on various charges related to the illegal acquisition, sale and importation of salmon caught in Northern Pacific waters. Each of the fishermen filed pretrial motions to dismiss the charges on the grounds that the Lacey Act (Act), 16 U.S.C. §§ 3371-78, was inapplicable and unconstitutional. The district court denied these motions, and the fishermen then pleaded...

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