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U.S. v. PETERSON

No. 10-1577.

632 F.3d 1038 (2011)

UNITED STATES of America, Appellee, v. Alvin PETERSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 27, 2011.

Attorney(s) appearing for the Case

Tami L. Norgard , argued, Robert B. Stock , on the brief, Fargo, ND, for appellant.

Cameron Hayden , AUSA, argued, Bismarck, ND, for appellee.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Alvin Peterson ("Peterson") was charged with two Class B misdemeanor violations for draining wetlands on property encumbered by a federal wetlands easement, in violation of 16 U.S.C. § 668dd(c), (f)(2). The first violation—number W0900741—alleges Peterson drained wetlands 3, 5, and 8, subject to Walsh County Easement 124X-1-3, on the west 1/2 of Section 15, Township 156N, Range 59W ("Section 15"). The second violation—...

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