U.S. v. ERTSGAARD

No. 99-30242.

222 F.3d 615 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. David L. ERTSGAARD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2000.


Attorney(s) appearing for the Case

John L. Smeltzer, U.S. Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for the plaintiff-appellant.

Brian M. Doherty, Anchorage, Alaska, for the defendant-appellee.

Before: D.W. NELSON, REINHARDT, and THOMAS, Circuit Judges.


REINHARDT, Circuit Judge:

The government appeals the district court's pre-trial dismissal of Counts 1 and 2 of a three-count indictment of Appellee David L. Ertsgaard. We reverse.

I. Background

Ertsgaard is a commercial fisherman who is licensed to harvest halibut from the Gulf of Alaska. On September 15, 1998, Ertsgaard was indicted for two violations of the Lacey Act, 16 U.S.C. §§ 3371-3378. Count 1 charged that Ertsgaard knowingly submitted...

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