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U.S. v. BORDEN

Nos. 92-5826, 93-5271.

10 F.3d 1058 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. George BORDEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Billy SMITH, Sr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 26, 1993.

Attorney(s) appearing for the Case

George Edward Lantz, Lantz & Tebay, Parkersburg, WV, argued for defendant-appellant Borden.

George Joseph Cosenza, Cosenza & Underwood, Parkersburg, W.V., argued for defendant-appellant Smith.

Phillip Blair Scott, Asst. U.S. Atty., Charleston, WV, argued (Michael W. Carey, U.S. Atty., on brief), for plaintiff-appellee.

Before WILKINSON and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

WILKINSON, Circuit Judge.

This consolidated appeal requires us to determine the applicable statute of limitations for charges under the Lacey Act, 16 U.S.C. § 3371, et seq., which prohibits the transportation, sale, or purchase of fish or wildlife obtained in violation of any state law or regulation. We hold that the federal "catchall" statute of limitations in 18 U.S.C. § 3282 applies to Lacey Act crimes and that a defendant can...

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