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U.S. v. OCEANPRO INDUSTRIES, LTD.

Nos. 10-5239, 10-5284, 10-5285.

674 F.3d 323 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. OCEANPRO INDUSTRIES, LTD., d/b/a Profish, Ltd., Defendant-Appellant State of Maryland, Amicus Supporting Appellee. United States of America, Plaintiff-Appellee, v. Benjamin Paul Clough, III, Defendant-Appellant State of Maryland, Amicus Supporting Appellee. United States of America, Plaintiff-Appellee, v. Timothy John Lydon, Defendant-Appellant State of Maryland, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 23, 2012.

Attorney(s) appearing for the Case

ARGUED: Daniel Saleem Seikaly, Sr. , Andrews & Kurth, LLP, Washington, D.C.; Richard Wyrough , Waldorf, Maryland, for Appellants. John Luther Smeltzer , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Robert Dreher , Acting Assistant Attorney General, Wayne D. Hettenbach , United States Department of Justice, Washington, D.C., for Appellee. Douglas F. Gansler , Attorney General, Baltimore, Maryland, Paul J. Cucuzzella , Assistant Attorney General, Office of the Attorney General, Annapolis, Maryland, for Amicus Supporting Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge.

Oceanpro Industries, Ltd., doing business as "Profish, Ltd." ("Oceanpro"), a seafood wholesaler in the District of Columbia, and two Oceanpro employees, Timothy Lydon (officer and fish buyer) and Benjamin Clough, III (fish buyer), were convicted for purchasing untagged and oversized striped bass, in violation of the Lacey Act, 16 U.S.C. § 3372(a)(2)(A) (prohibiting the purchase in interstate commerce of fish or wildlife...

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