United States v. Charles M. Byers Sheryl Campanella, A/K/A Sheryl Byers

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Charles M. BYERS; Sheryl Campanella, a/k/a Sheryl Byers, Defendants-Appellants. No. 94-15659. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1995. * Decided Oct. 30, 1995. Before: SNEED, PREGERSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Charles Byers and Sheryl Byers Campanella appeal the district court's grant of summary judgment in favor of the United States. The United States brought an action for collection of a civil penalty assessed against Byers, Campanella, and Accuracy Systems, Inc., for violations of the Hazardous Materials Transportation Act. The violations occurred when explosives were improperly shipped, but appellants claim that the penalties were improperly imposed upon them. We affirm. 3 1. The district court granted summary judgment against appellants because it determined that they had failed to exhaust their…