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United States v. Rasmussen

Citation: 32 ELR 20827
No. Nos. 01-50496, -50533, (9th Cir., 07/23/2002)

The court affirms a district court decision convicting an individual of illegally transporting hazardous waste. The court first holds that the jury instruction defining "waste" mirrored the regulation defining "waste." The court next holds that there was sufficient evidence for a rational jury to have found, beyond a reasonable doubt, that the chemicals at issue were waste and that the individual regarded them as such. The court further holds that the district court did not err in admitting hazardous waste manifests or photographs of the chemicals, or in denying a new trial based on alleged new impeachment evidence. The court finally holds that the district court did not err in refusing to enhance the individual's sentence for obstruction of justice, nor did it err when it departed downward four levels for mitigating factors not accounted for in the sentencing guidelines.

The full text of this decision is available from ELR (3 pp., ELR Order No. L-554).

Counsel for Plaintiff
Melanie K. Pierson
U.S. Attorney's Office
800 Front St., San Diego CA 92101
(619) 557-5610

Counsel for Defendant
Martha Hall
Di Iorio & Hall
964 5th Ave., San Diego CA 92101
(619) 544-1451

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]