United States Eleventh Circuit

Four-level enhancement was properly applied where defendant engaged in repeated, unlawful dumping of pollutants in federally protected wetlands. U.S.S.G. section 2Q1.3(b)(4) enhancement does not constitute impermissible double counting, because his failure to procure a permit was a distinct offense from his mishandling of environmental pollutants.

Appellate Information

• Decided 04/20/2004
• Published 04/20/2004

Judges

• GOLDBERG, Judge:, Before WILSON and KRAVITCH, Circuit Judges, and GOLDBERG , Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• David Michael Tarlow (Court-Appointed), Spencer & Klein, P.A., Miami, FL, for Defendant-Appellant., Dawn Bowen, Anne R. Schultz, U.S. Atty., Lisa T. Rubio, Stephen Schlessinger, Miami, FL, for Plaintiff-Appellee.