10 C.F.R. § 860.5
Violations and penalties
(a) Whoever willfully violates either § 860.3 or § 860.4 shall, upon conviction, be guilty of an infraction punishable by a fine of not more than $5,000.
(b) Whoever willfully violates either § 860.3 or § 860.4 with respect to any facility, installation or real property enclosed by a fence, wall, floor, roof, or other structural barrier shall upon conviction, be guilty of a Class A misdemeanor punishable by a fine not to exceed $100,000 or imprisonment for not more than one year, or both.
Notes of Decisions
Cited in 3
cases, 1982–2004 · leading case: United States v. Elizabeth Ann Lentsch Timothy Joseph Mellen, 369 F.3d 948 (6th Cir. 2004).
United States v. Elizabeth Ann Lentsch Timothy Joseph Mellen, 369 F.3d 948 (6th Cir. 2004). “1 They appeal their convictions, *950 arguing that they were deprived of due process because the information failed to allege an essential element of 10 C.F.R. § 860.5 — that the property they entered upon was “enclosed.”
United States v. Steve Robert Grose & Patrick Alexander Malone, 687 F.2d 1298 (10th Cir. 1982). “10 C.F.R. § 860.5 (a). The judgment entered against him reads as follows: “It is the Judgment and sentence of the court that defendant be fined in the amount of one thousand dollars ($1,000.”
United States v. Mellen (6th Cir. 2004). “3 are set forth in 10 C.F.R. § 860.5 , monthly, and that if portions of the fence were down without which provides: a legitimate reason (such as construction), the fence would be repaired.”
— 10 C.F.R. § 860.5(b) — 2 cases
United States v. Elizabeth Ann Lentsch Timothy Joseph Mellen, 369 F.3d 948 (6th Cir. 2004). “1 They appeal their convictions, *950 arguing that they were deprived of due process because the information failed to allege an essential element of 10 C.F.R. § 860.5 — that the property they entered upon was “enclosed.”
United States v. Mellen (6th Cir. 2004). “3 are set forth in 10 C.F.R. § 860.5 , monthly, and that if portions of the fence were down without which provides: a legitimate reason (such as construction), the fence would be repaired.”
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