United States v. Apollo Energies, Inc.

TYMKOVICH, Circuit Judge.

“This would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried ... as to raise questions both fundamental and far-reaching in federal criminal law....” Morissette v. United States, 342 U.S. 246, 257, 72 S.Ct. 240, 96 L.Ed. 288 (1952). And we might add, “No one may be required at peril of life, liberty or property to speculate as to the meaning of penal statutes. All are entitled to be informed as to what the State commands or forbids.” Lanzetta v. New Jersey, 306 U.S. 451, 453, 59 S.Ct. 618, 83 L.Ed. 888 (1939).

Th…