District court's conviction of defendants for conspiracy to violate the Animal Enterprise Protection Act (AEPA), 18 U.S.C. section 43 (2002) and other crimes, arising from animal rights activists' claims of animal abuse committed by a research corporation located in the United Kingdom, is affirmed where: 1) defendants' convictions for conspiracy to violate the AEPA is affirmed as the AEPA is neither unconstitutional on its face nor unconstitutional as applied; 2) there was sufficient evidence to convict defendants on all charges involving interstate stalking, and 3) the judgment of the district court is affirmed in all other respects as there were no flaws in the jury instructions. Finally, the case is remanded as the district court erred when it failed to devise a payment schedule for the $1,000,001 in restitution.
On Appeal from the United States District Court for the District of New Jersey
(D.C. Civ. No. 04-cr-00373)
District Judge: Honorable Anne E. Thompson
Opinion Filed October 14, 2009
Before: Fuentes and Fisher, Circuit Judges, and Ditter, District Judge
Opinion by Fuentes, Circuit Judge
Counsel for Appellant: H. Louis Sirkin, Sirkin Pinales & Schwartz LLP; Robert G. Stahl, Laura K. Gasiorowski, Stahl Farella & Sarokin; Peter Goldberger, Robert A. Obler, Paul J. Hetznecker, Andrew F. Erba, Williams Cuker & Berezofsky; Hal K. Haveson, Haveson & Otis.
Counsel for Appellee: Glenn J. Moramarco, George S. Leone, Assistant United States Attorney