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U.S. v. APOLLO ENERGIES, INC.

Nos. 09-3037, 09-3038.

611 F.3d 679 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. APOLLO ENERGIES, INC., Defendant-Appellant. and United States of America, Plaintiff-Appellee, v. Dale Walker, doing business as Red Cedar Oil, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 30, 2010.

Attorney(s) appearing for the Case

Stephen E. Robison (Daniel E. Lawrence with him on each brief) Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Appellants.

Alan G. Metzger, Assistant United States Attorney (Lanny D. Welch, United States Attorney, with him on each brief), Office of the United States Attorney, Wichita, KS, for Appellee.

Before HENRY, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

"This would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried... as to raise questions both fundamental and far-reaching in federal criminal law...." Morissette v. United States, 342 U.S. 246, 257, 72 S.Ct. 240, 96 L.Ed. 288 (1952). And we might add, "No one may be required at peril of life, liberty or property to speculate as to the meaning of...

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