REVISED MEMORANDUM
MOORE, Chief Judge.
The motion of defendant, Hubert Fredericks ["Fredericks"], for judgment of acquittal and, in the alternative, for new trial on Count II of the superseding indictment will be denied.
FACTUAL BACKGROUND
On October 16, 1998, Hubert Fredericks was convicted by a jury of the felony of failing to notify immediately the appropriate federal agency of the discharge of oil from the M/V Venture Pride into...
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