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U.S. v. SAN JUAN BAY MARINA

Nos. 00-1759/1760.

239 F.3d 400 (2001)

UNITED STATES of America, Plaintiff, Appellee, v. SAN JUAN BAY MARINA, Shooters Waterfront Restaurant, and Eduardo Ferrer Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 21, 2001.

Attorney(s) appearing for the Case

Eduardo A. Vera Ramírez, with whom Ramirez Lavandero, Landrón & Vera, L.L.P. was on brief, for appellant.

Camille Vélez-Rivé, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and Miguel A. Fernández, Assistant United States Attorney, were on brief, for appellee.

Before Boudin, Stahl and Lynch, Circuit Judges.

LYNCH, Circuit Judge.

The San Juan Bay Marina has a number of commercial establishments located on piers in San Juan Harbor, including the Shooters Waterfront Café. Lacking the necessary permits from the Army Corps of Engineers, the Marina nonetheless built new piers and structures. These new constructions are located in the San Antonio Channel, part of the navigable waters of the United States, and so are subject to the Rivers and Harbors Act, 33 U.S.C. §...

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