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U.S. v. MONTFORD

No. 93-7094.

27 F.3d 137 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy D. MONTFORD, Gregory Adamavich and Daniel Adamavich, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 14, 1994.

Attorney(s) appearing for the Case

W. Eugene Henry, Biloxi, MS (Court-appointed), for G. Adamavich.

R. Wayne Woodall, Gulfport, MS, Daniel Adamavich, Oxford, WI, Lindsay C. Patterson, Jackson, MS (Court-appointed), for D. Adamavich.

Chester D. Nicholson, Gulfport, MS (Court-appointed), for Montford.

Richard T. Starrett, Peter H. Barrett, Asst. U.S. Attys., George Phillips, U.S. Atty., Jackson, MS, for appellee.

Before REAVLEY, JONES and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

In this appeal we address whether gambling boat excursions a few miles offshore to avoid the reach of state law are in "foreign commerce" for purposes of certain federal criminal statutes. We conclude that such travels do not amount to foreign commerce, and therefore reverse appellants' convictions.

BACKGROUND

The Europa Jet, an American owned, Bahamian flagged vessel, operated as a "cruise to nowhere" gambling ship out of...

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