[DOWNLOAD] "United States V. Stubbs" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Stubbs
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 14, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendants Richard A. Stubbs and Richard P. Duffield, Jr., appeal their jury convictions as well as the sentences imposed thereon on charges arising out of the illegal importation of baby crocodiles into the United States. Stubbs was convicted of one count of aiding and abetting the possession of illegally imported baby crocodiles in violation of the Endangered Species Act, 16 U.S.C. § 1538(c)(1). Duffield was convicted of one count of aiding and abetting the possession of illegally imported baby crocodiles in violation of 16 U.S.C. §§ 1538(c)(1) and 1540(b)(1) and one count of facilitating the transportation, concealment, or sale of illegally imported crocodiles in violation of 18 U.S.C. § 545. On appeal, the issues are (1) whether sufficient evidence was presented at trial to support Stubbs' and Duffield's convictions, (2) whether the district court erred when it increased Stubbs' and Duffield's offense levels by two levels pursuant to United States Sentencing Guidelines ("U.S.S.G.") § 2Q2.1(b)(1) based upon its Conclusion that the baby crocodiles were imported into the United States for commercial purposes, (3) whether the district court erred when it increased Stubbs' and Duffield's offense levels by four levels pursuant to U.S.S.G. § 2Q2.1(b)(3)(B) based upon its Conclusion that the 47 baby crocodiles which were imported into the United States involved a quantity of protected wildlife that was substantial in relation either to the overall population of the species or to a discrete subpopulation, and (4) whether the district court erred when it increased Stubbs' offense level by four levels under U.S.S.G. § 3B1.1(a) for being an organizer or leader of the criminal activity. For the reasons that follow, we affirm in part, reverse in part, and remand.

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