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United States v. A-Abras Inc.

Citation: 29 ELR 21393
No. No. 98-1465, 185 F.3d 26/(2d Cir., 07/19/1999)

The court affirms a district court's oral sentence requiring a contractor to pay a municipal fine at a specified rate as a condition of his guilty plea to a federal charge of supervising and controlling the illegal removal of asbestos in violation of Clean Air Act (CAA) § 113(c)(1). Before the CAA indictment, the contractor was assessed a municipal fine for improper removal of asbestos. The court first remands the written sentence to conform it to the oral sentence. The court then holds that principles of federalism do not bar the federal court from requiring the contractor to pay the municipal fine because such a condition does not interfere with the municipal enforcement scheme. The court further holds that the condition of payment did not violate the Tenth Amendment of the U.S. Constitution because it did not compel or rely on the municipality's enforcement, but rather required the contractor to comply with the previously imposed municipal fine. In addition, the court holds that the condition that the contractor must pay the municipality was within the district court's discretion. If the municipality were to require a rate of payment different from that imposed by the district court, the contractor could seek modification of the condition.

Counsel for Appellee
Stephen J. Ritchin, Ass't U.S. Attorney
U.S. Attorney's Office
One St. Andrew's Plaza, New York NY 10007
(212) 637-2200

Counsel for Appellant
Henriette D. Hoffman
Legal Aid Society
Federal Defender Division
90 Church St., New York NY 10007
(212) 577-3300

Before Straub and Keith,* JJ.