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U.S. v. ZENON-ENCARNACION

Nos. 03-2517, 03-2518, 03-2519.

387 F.3d 60 (2004)

UNITED STATES of America, Appellee, v. Cacimar ZENÓN-ENCARNACIÓN, Defendant, Appellant. United States of America, Appellee, v. Pedro Zenón-Encarnación, Defendant, Appellant. United States of America, Appellee, v. Regalado Miró-Corcino, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 25, 2004.

Attorney(s) appearing for the Case

Fermin L. Arriaza-Navas, with whom Harry Anduze Montaño was on the brief, for appellants.

Julie B. Mosley, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres-Pabón, Assistant United States Attorney, were on the brief, for appellee.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

Appellants Pedro Zenón-Encarnación, Cacimar Zenón-Encarnación, and Regalado Miró-Corcino appeal their convictions for violating 18 U.S.C. § 1382 by illegally entering certain waters designated as a "danger zone" around the island of Vieques during a United States Navy training exercise. We vacate the convictions and remand for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

We recite...

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