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Criminal Law Keyed to Kadish
Yates v. United States
Citation:135 S. Ct. 1074 (2015)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant was a commercial fisherman of the Miss Katie vessel who, while in federal waters in the Gulf of Mexico, caught undersized red grouper. On August 23, 2007, Officer John Jones boarded the Miss Katie vessel to check its fishing rules compliance. While onboard, Jones noticed three undersized red grouper hanging on the deck. Federal law required, at the time, to release any red grouper that was less than 20 inches long. Jones found 72 total fish that were less than 20 inches long. Jones ordered Defendant to keep the undersized red grouper separate from the rest of the catch until the Miss Katie returned to port. Before returning to port, Defendant ordered a crew member to throw the undersized red grouper back into the Gulf of Mexico and replace them with the rest of the catch. Upon returning to port, Jones found the undersized red grouper he had previously measured to be slightly longer.
Defendant was indicted and convicted of violating 18 U.S.C. §1519 and §2232(a). By the time of the indictment, the federal law had changed its minimum legal length for retaining red grouper to 18 inches. No measured fish in Defendant’s catch was less than 18 inches.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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