1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 428 F.Supp.
  5. 428 F.Supp. 754 (1976)
 

UNITED STATES v. BOWEN

Crim. Nos. HM76-0541, HM76-0543.

428 F.Supp. 754 (1976)

UNITED STATES of America v. Ted BOWEN a/k/a Thaniel Bowen. UNITED STATES of America v. Ted BOWEN, a/k/a Thaniel Bowen and Pier Seven Limited Partnership.

United States District Court, D. Maryland.

December 16, 1976.

Attorney(s) appearing for the Case

Jervis S. Finney, U. S. Atty., John W. Sheldon, Asst. U. S. Atty., Baltimore, Md., and John E. Varnum, Atty., Dept. of Justice, Land & Natural Resources Section, Washington, D. C., for plaintiff.

H. Russell Smouse, Baltimore, Md., for defendant.

MEMORANDUM

HERBERT F. MURRAY, District Judge.

The issue before the court is whether 33 U.S.C. Section 403 contains a scienter requirement; that is, whether the government must prove in a criminal prosecution that the defendant deliberately intended to create an obstruction to certain navigable waters. For reasons stated below, this court holds that 33 U.S.C. Section 403 does not contain a scienter requirement.

33 U.S.C. Section 403 provides in relevant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases