Split Emerges After 11th Circ. Tosses Smuggling Convictions

Law360, New York (February 22, 2013, 5:05 PM EST) -- The Eleventh Circuit on Friday vacated the convictions of two Miami-based importers charged with smuggling contaminated cheese into the United States, setting up a circuit split over the scope of a U.S. Customs and Border Protection importing regulation.

A three-judge panel said in a precedential opinion that the U.S. government prosecuted defendants Yuri Izurieta, 41, and Anneri Izurieta, 46, for violations that usually give rise to civil remedies, not criminal prosecution. In doing so, the Eleventh Circuit said it disagreed with the conclusion of the Fourth...
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