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U.S. v. RIVERA

No. 96-2188.

131 F.3d 222 (1997)

UNITED STATES of America, Appellee, v. Pedro RIVERA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Rafael Castro Lang and Rachel Brill for appellant.

Andrew C. Mergen with whom Anne S. Almy, Charles A. De Monaco, Michael J. Woods, David C. Shilton, Peter A. Appel, Lisa E. Jones, Lois J. Schiffer, Assistant Attorney General, Environment & Natural Resources Division, Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco, Assistant United States Attorney, and Miguel A. Pereira, Assistant United States Attorney, were on brief for appellee.

James F. Moseley, Patrick J. Bonner, and Robert B. Parrish on brief for Maritime Law Association, amicus curiae.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, SELYA, BOUDIN, STAHL and LYNCH, Circuit Judges.

OPINION EN BANC

COFFIN, Senior Circuit Judge.

Appellant Pedro Rivera appeals his conviction under 46 U.S.C. § 10908 for knowingly sending a vessel to sea in an unseaworthy condition likely to endanger the life of an individual. He alleges that his prosecution was invalid, that the evidence was insufficient, and various trial errors. After a divided panel of this court affirmed the conviction, we ordered en banc hearing on the statutory and sufficiency...

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