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U.S. v. DELANEY

Criminal Action No. 09-10312-RGS.

795 F.Supp.2d 125 (2011)

UNITED STATES v. Stephen C. DELANEY, Jr.

United States District Court, D. Massachusetts.

July 5, 2011.

Attorney(s) appearing for the Case

Jessica Moats Alloway, Elinor Colbourn, U.S. Department of Justice, Washington, DC, Nadine Pellegrini, Kenneth G. Shine, United States Attorney's Office, Boston, MA, for Plaintiff.

Catherine K. Byrne, William W. Fick, Federal Public Defender Office, Boston, MA, for Defendant.

Peter E. Gelhaar, Matthew N. Kane, Donnelly, Conroy & Gelhaar, LLP, Boston, MA, Peter Morris, Sheppard Mullin Richter & Hampton LLP, Los Angeles, CA, for Interested Party.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL N.O.V.

STEARNS, District Judge.

On April 11, 2011, at the conclusion of a five-day trial, defendant Stephen Delaney was convicted of one felony count of false labeling of fish in violation of the Lacey Act, 16 U.S.C. §§ 3373(d)(2) and 3373(d)(3)(A) and one lesser (misdemeanor) count of false labeling of fish in violation of the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. &...

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