Legal Opinion

United States v. Lee

Court of Appeals for the Ninth Circuit

Decided June 28, 1991No. Nos. 90-30127, 90-30150, 90-30162, 90-30164, 90-30165 and 90-30175PublishedCited by 18 opinions

1Opinion of the Court

WALLACE, Chief Judge:

Lee, Chu, Wesley Hsu, Meng Hsu, Lin, and Wang (the fishermen) were indicted on various charges related to the illegal acquisition, sale and importation of salmon caught in Northern Pacific waters. Each of the fishermen filed pretrial motions to dismiss the charges on the grounds that the Lacey Act (Act), 16 U.S.C. §§ 3371-78, was inapplicable and unconstitutional. The district court denied these motions, and the fishermen then pleaded guilty. Pursuant to Federal Rule of Criminal Procedure 11(a)(2), the fishermen reserved the right to appeal the district court’s adverse…

2Cases cited18 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. United States v. TurketteSupreme Court of the United States · 1981
  5. Mistretta v. United StatesSupreme Court of the United States · 1989

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3Cited by18 opinions

  1. United States v. MorrisCourt of Appeals for the Eighth Circuit · 1994
  2. United States v. Richard M. MitchellCourt of Appeals for the Fourth Circuit · 1994
  3. United States v. Nikolay SenchenkoCourt of Appeals for the Ninth Circuit · 1998
  4. United States v. Rodney Phillip TidwellCourt of Appeals for the Ninth Circuit · 1999
  5. United States v. Gaston SaundersCourt of Appeals for the Fourth Circuit · 2016

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