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U.S. v. JHO

No. 06-41749.

534 F.3d 398 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Kun Yun JHO, Overseas Shipholding Group, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 2008.

Attorney(s) appearing for the Case

Richard Allen Udell, Todd Steven Aagaard, Ronald J. Tenpas (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S.

Robert Jon Sussman, Christopher Benjamin Dove (argued), Locke, Lord, Bissell & Liddell, LLP, Houston, TX, Tom N. Kiehnhoff, Reaud, Morgan & Quinn, Beaumont, TX, for Jho.

Russell Stanley Post (argued), Robert David Daniel, David Michael Gunn, William Bradley Coffey, Stephen Douglas Pritchett, Jr., Beck, Redden & Secrest, Houston, TX, Judson W. Starr, David G. Dickman, Washington, DC, for Overseas Shipholding Group, Inc.

Before GARZA, STEWART and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The government appeals the district court's dismissal of criminal charges against Kun Yun Jho ("Jho") and Overseas Shipholding Group, Inc. ("OSG"). The counts dismissed by the district court charged that Jho and OSG knowingly failed to maintain an oil record book aboard OSG's ship the M/T PACIFIC RUBY in violation of 33 U.S.C. § 1908(a) and 33 C.F.R § 151.25. For the following reasons, we reverse the district court...

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