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U.S. v. RAPANOS

Nos. 98-2424, 99-1074, 99-1578.

235 F.3d 256 (2000)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. John A. RAPANOS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2000.

Attorney(s) appearing for the Case

Jennifer J. Peregord (argued and briefed), United States Attorney, Detroit, Michigan, for Plaintiff-Appellee.

Thomas V. Wilhelm (argued and briefed), Bloomfield Hills, MI, for Defendant-Appellant.

Before: MARTIN, Chief Judge; NORRIS, Circuit Judge; FORESTER, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

John A. Rapanos appeals the district court's denial of his 1999 motion for new trial as well as his 1995 conviction for filling wetlands in violation of 33 U.S.C. § 1311(a). The United States cross-appeals Rapanos's sentence of three years' probation and a $185,100 fine and assessment. For the following reasons, we AFFIRM the denial of Rapanos's 1999 motion for new...

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