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Sentencing guidelines

United States v. CITGO Petroleum Corp.

A district court denied the U.S. government's motion to empanel a sentencing jury to determine an oil company's gross pecuniary gain stemming from CAA and Migratory Bird Treaty Act violations. After the company was convicted under both...

United States v. Warr

The Ninth Circuit affirmed an individual's 10-year sentence for starting nine wildland fires on National Forest Service land. The lower court did not err in calculating the advisory sentencing guidelines range when it included fire...

United States v. Abrogar

The court vacates and remands a six-level sentencing enhancement imposed against the operator of a foreign vessel for failing to keep an accurate "oil record book" in violation of §1908(a) of the Act to Prevent Pollution From Ships...

United States v. Hillyer

The court vacates an individual's sentence for illegally dredging North Carolina's Croatan Sound during a bridge construction project and remands the case for resentencing. The district court misapplied U.S. Sentencing Guideline...

United States v. Kuhn

The court holds that a district court erroneously granted a four-level downward departure in the sentencing of an individual for improperly discharging a pollutant into navigable waters and causing an employee to falsify test results to...

United States v. Koczuk

The court holds that a district court relied on several erroneous bases in reducing two individuals' sentences for smuggling sturgeon roe into the United States without a Convention on International Trade in Endangered Species of Wild...

United States v. Bragg

The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The...

United States v. Cunningham

The court affirms a district court decision convicting a chemical company operator of illegally transporting and disposing of hazardous waste in violation of the Resource Conservation and Recovery Act. The court first holds that the...

United States v. Merino

The court vacates a sentence that imposed a four-level upward adjustment against a company owner who unlawfully transported and stored hazardous waste. The lower court increased the penalty under the sentencing guidelines because the...

United States v. LeBlanc

The court vacates a sentence imposed under the U.S. Sentencing Guidelines (USSG) against a Canadian who pled guilty to eight counts of violating the Clean Air Act and six counts of violating a federal customs statute for...