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U.S. v. MENENDEZ

Nos. 93-3709, 93-3710 and 94-30059.

48 F.3d 1401 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Wade E. MENENDEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Raymond E. PLAISANCE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Tony Dung VAN NGUYEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 12, 1995.

Attorney(s) appearing for the Case

Bernard J. Bagert, Jr., Bagert & Trinchard, New Orleans, LA, for appellant.

Peter A. Appel, Robert L. Klarquist, Dept. of Justice, Chrishaus P. Perry, Justice Dept., Trial Atty., Washington, DC, Joan E. Chauvin, Asst. U.S. Atty., Robert J. Boitmann, U.S. Atty., New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, GARWOOD and BENAVIDES, Circuit Judges.

GARWOOD, Circuit Judge:

These consolidated appeals arise from suits by the United States under 16 U.S.C. § 1540 to collect civil penalties assessed by the National Oceanic and Atmospheric Administration (NOAA) against Tony Dung Van Nguyen (Nguyen), Wade Menendez (Menendez), and Raymond Plaisance (Plaisance) for the knowing and unlawful failure to use a qualified turtle excluder device (TED) while shrimping in violation of the Endangered Species Act of 1973, 16...

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