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U.S. v. YATES

No. 11-16093.

733 F.3d 1059 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. John L. YATES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 2013.

Attorney(s) appearing for the Case

Linda Julin McNamara , Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, Tama Caldarone , Jeffrey F. Michelland , Douglas Molloy , U.S. Attorney's Office, Fort Myers, FL, for Plaintiff-Appellee.

John Leonard Badalamenti , Federal Public Defender's Office, Tampa, FL, Martin Derovanesian , Federal Public Defender, Federal Public Defender's Office, Fort Myers, FL, Rosemary Cakmis , Donna Lee Elm , Federal Public Defender's Office, Orlando, FL, for Defendant-Appellant.

Before DUBINA, JORDAN and BALDOCK, Circuit Judges.

DUBINA, Circuit Judge:

Appellant John L. Yates ("Yates") appeals his convictions for violating 18 U.S.C. §§ 1519 and 2232(a), which arose out of his harvesting undersized red grouper1 in federal waters in the Gulf of Mexico. After reviewing the record, reading the parties' briefs, and having the benefit of oral argument, we affirm Yates's convictions.

I.

On August 17, 2007, Yates and his crew prepared the

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