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United States First Circuit


US v. ZENON-ENCARNACION, 03-2517, 03-2518, 03-2519

Defendants' convictions for illegally entering waters designated as a "danger zone" during a military training exercise are reversed where the district court erred in denying them an evidentiary hearing to determine whether the danger zone regulation complies with the food fishing proviso.

Appellate Information

  • Decided 10/25/2004
  • Published 10/25/2004

Judges

  • SCHWARZER, Senior District Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Fermin L. Arriaza-Navas, with whom Harry Anduze Montaño was on the brief, for appellants.

  • For Appellees:
  • Julie B. Mosley, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres-Pabón, Assistant United States Attorney, were on the brief, for appellee.
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