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U.S. v. BERNAL

No. 94-4783.

90 F.3d 465 (1996)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Victor BERNAL, Defendant-Appellee, Cross-Appellant, Eduardo Berges, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 6, 1996.

Attorney(s) appearing for the Case

Guy A. Lewis, Susan Hill Ponzoli, Linda Collins Hertz, Harriett R. Galvin, Asst. U.S. Attys., Miami, FL, for appellant.

Donald Bierman, Bierman, Shohat, Loewy & Perry, P.A., Miami, FL, Frank Quintero, Ira N. Loewy, Miami, FL, for appellees.

Before TJOFLAT, Chief Judge, and RONEY and PHILLIPS, Senior Circuit Judges.

PER CURIAM:

Victor Bernal and Eduardo Berges were convicted of various crimes in connection with an attempt to export two endangered primates — an orangutan and a gorilla —from the United States to Mexico in violation of the Lacey Act Amendments of 1981 and the Endangered Species Act of 1973.1 The applicable sentencing range under the Sentencing Guidelines was twenty-four to thirty months for Bernal and fifteen to twenty...

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