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U.S. v. TOMENY

Nos. 97-3089, 97-3090.

144 F.3d 749 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore S. TOMENY, Jr. and Steve Tomeny, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 24, 1998.

Attorney(s) appearing for the Case

Victor L. Roy, III, Edward J. Gonzalez, III, Baton Rouge, LA, for Defendant-Appellant.

Charles R. Wilson, Linda McNamara, U.S. Attys., Tampa, FL, Peter J. Murtha, U.S. Dept. of Justice, Wildlife and Marine Resources Section, Washington, DC, for Plaintiff-Appellee.

Before CARNES, Circuit Judge, KRAVITCH, Senior Circuit Judge, and MILLS, Senior District Judge.

KRAVITCH, Senior Circuit Judge:

Having pleaded guilty to one count each of making false statements in violation of 18 U.S.C. § 1001, Theodore S. Tomeny ("Tomeny") and Steve Tomeny, Inc. ("Tomeny, Inc.") appeal their convictions. Their sole contention is that 16 U.S.C. § 1857(1)(I), the criminal false statement provision of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882 ("the Magnuson Act"), preempts 18 U.S...

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