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U.S. v. RAPANOS

No. 02-1377.

339 F.3d 447 (2003)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 5, 2003.

Petition for Rehearing Denied: September 29, 2003.

Attorney(s) appearing for the Case

ARGUED: Jennifer J. Peregord, UNITED STATES ATTORNEY, Detroit, Michigan, for Appellant.

Thomas V. Wilhelm, Waterford, Michigan, for Appellee.

ON BRIEF: Jennifer J. Peregord, UNITED STATES ATTORNEY, Detroit, Michigan, for Appellant.

Thomas V. Wilhelm, Waterford, Michigan, David E. Dearing, Indianapolis, Indiana, for Appellee.

Virginia S. Albrecht, Stephen M. Nickelsburg, HUNTON & WILLIAMS, Washington, D.C., for Amici Curiae.

Before: MARTIN, Chief Circuit Judge; NORRIS and ROGERS, Circuit Judges.

Petition for Rehearing Denied En Banc: September 29, 2003.

Pursuant to Sixth Circuit Rule 206

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

This case arises from the criminal conviction of John Rapanos for unlawfully filling wetlands in Michigan in violation of the Clean Water Act, 33 U.S.C. § 1311(a). After the conviction, an appeal, a denial of certiorari, a second appeal, and a grant of certiorari, the Supreme Court...

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