All three appellants have appealed against their convictions. There is no appeal against the sentences, because of the mandatory provisions of the legislation in casu. The representative of the Crown conceded Accused No. 5's appeal, due to the unsatisfactory nature of the evidence against him, specifically. Since Accused No.
The defendant is the owner of the Marshall 201, a vessel spotted by a U.S. Coast Guard within the U.S. EEZ surrounding Baker and Howland Islands. The vessel had no permission to fish in the zone. Nevertheless, the vessel carried 130 tons of tuna presumably harvested from U.S. waters.
Fishermen in the Eastern Tropical Pacific Ocean sought to exploit the synergy between dolphins and yellowfin tuna and began adopting a fishing method called purse seine fishing. Fishermen using this method inevitably set their nets around dolphins and tuna alike.
A citizen filled a suit seeking declaratory and injunctive relief against a county in the state of Florida. Invoking a vicarious-liability theory, the plaintiffs alleged that the county’s “refusal ... to ban beachfront artificial light sources that adversely impact sea turtles” violated the ESA’s “take” prohibition.
After the defendant pleaded guilty, on 21 March 2008, to two counts of importing and selling raw ivory and two counts of smuggling goods into the United States, she objected to the pre-sentence investigation report (PSR).
The District Court held that:
This matter is before the Court for the sentencing of the Defendant Tania J. Siyam. On March 21, 2008, Defendant plead guilty to two counts of violating the Lacey Act by virtue of importing and selling raw ivory and plead guilty to two counts smuggling goods into the United States.
Defendant Tamba Kaba was convicted of two counts of smuggling elephant ivory and one count of selling elephant ivory, 18 U.S.C. § 545; 16 U.S.C.
Zhifei Li, 29, is from the Shandong Province, China. Since 2011, he has owned and managed an antique shop, Overseas Treasure Finding, located in Jinan City, Shandong, China. Li was involved in purchasing, selling and smuggling Asian art andantiques prior to opening his own business.
In November 2011, the defendant attempted to sell, or sold (which he denies), two African elephant tusks that he had lawfully acquired and legally imported into the United States as “sporting trophies” from a hunting safari that he had taken in Namibia several years prior.
These appeals from convictions for conspiracy to import raw African elephant ivory in violation of the African Elephant Conservation Act ("AECA"), 16 U.S.C. § 4223(1), violations of the Endangered Species Act of 1973, 16 U.S.C. § 1538(c)(1), and the Migratory Bird Treaty Act, 16 U.S.C.