UNITED STATES OF AMERICA Plaintiff-Appellee, v. SUSAN DOZORTSEV, BLUE RIBBON SMOKED FISH, INC., JAY SUTTENBERG, PABLO NEGRON,, (2nd Cir. 2004)

Docket Number: 04-0115

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the eighth day of October Two thousand four.

PRESENT:

ROGER J. MINER JOSÃ‰ A. CABRANES CHESTER J. STRAUB Circuit Judges UNITED STATES OF AMERICA Plaintiff-Appellee, -v.- No. 04-0115

SUSAN DOZORTSEV, BLUE RIBBON SMOKED FISH, INC., JAY SUTTENBERG, PABLO NEGRON, Defendants-Appellants.

APPEARING FOR APPELLANTS: RUSSELL K. STATMAN, Law Office of Russell K.

Statman, Plattsburgh, New York APPEARING FOR APPELLEE: SANDRA L. LEVY, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel, Roslynn R. Mauskopf, United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, New York Appeal from a Judgment of the United States District Court for the Eastern District of New York (Charles P. Sifton, Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is hereby AFFIRMED.

Defendants appeal from a judgment incorporating an Amended Final Order of Permanent Injunction. We previously considered this case in United States v. Blue Ribbon Smoked Fish, Inc., 56 Fed. Appx. 542 (2d Cir. 2003), in which we remanded the case to the District Court for modification of the permanent injunction consistent with our order.

We hold that the Amended Final Order of Permanent Injunction is consistent with the guidelines we set forth in our order of January 28, 2003.

We have considered all of defendants' claims on appeal and find each of them to be without merit. We therefore AFFIRM the judgment of the District Court.

FOR THE COURT, Roseann B. MacKechnie, Clerk of Court By