United States v. Blue Sea Line

GOLDBERG, Circuit Judge:

The Government appeals from the dismissal of an October 1975 indictment charging that appellee common carriers had paid rebates in violation of 46 U.S.C. § 815, second. In 1972, subsequent to the alleged violations but over three years prior to the return of this indictment, Congress repealed the criminal penalties for violations of this and other provisions of the Shipping Act of 1916, 46 U.S.C. §§ 801 et seq. Civil penalties replaced these criminal sanctions. The sole question on appeal is whether the Government could bring a criminal prosecution under the repealed…