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U.S. v. SAUNDERS

No. 15-4498, No. 15-4501, No. 15-4505, No. 15-4506.

828 F.3d 198 (2016)

UNITED STATES of America, Plaintiff-Appellant, v. Gaston L. SAUNDERS, Defendant-Appellee. Atlantic States Marine Fisheries Commission, Amicus Supporting Appellant. United States of America, Plaintiff-Appellant, v. Bryan H. Daniels, Defendant-Appellee. Atlantic States Marine Fisheries Commission, Amicus Supporting Appellant. United States of America, Plaintiff-Appellant, v. Michael Potter, Defendant-Appellee. Atlantic States Marine Fisheries Commission, Amicus Supporting Appellant. United States of America, Plaintiff-Appellant, v. Stephen Daniels, Defendant-Appellee. Atlantic States Marine Fisheries Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2016.

Attorney(s) appearing for the Case

ARGUED: Brian C. Toth , United States Department of Justice, Washington, D.C., for Appellant. Joseph Edward Zeszotarski, Jr. , Gammon, Howard, Zeszotarski, PLLC, Raleigh, North Carolina, for Appellees. ON BRIEF: John C. Cruden , Assistant Attorney General, Environment & Natural Resources Division, United States Department Of Justice, Washington, D.C.; Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. John P. O'Hale , Narron, O'Hale & Whittington, PA, Smithfield, North Carolina, for Appellees. Sean H. Donahue , Donahue & Goldberg, LLP, Washington, D.C., for Amicus Curiae.

Reversed and remanded by published per curiam opinion.

Four commercial boat captains were charged with violating the Lacey Act after they caught Atlantic striped bass in federal waters and later sold them. The Lacey Act, through its incorporation of a federal regulation, criminalizes the taking and selling of Atlantic striped bass from federal waters. The Act, however, exempts from prosecution...

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