United States Second Circuit

The district court erred in finding insufficient evidence that a Clean Air Act defendant's conduct did not result in a substantial likelihood that his former employees would develop life-threatening, asbestos-related diseases, under U.S.S.G. section 2Q1.2(b)(2). A "heartland" downward departure for money laundering was erroneous.

Appellate Information

• Decided 01/09/2003
• Published 01/10/2003

Judges

• KATZMANN, Circuit Judge., Before CARDAMONE, MINER, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Craig A. Benedict, Assistant United States Attorney, Northern District of New York, Syracuse, N.Y. (Joseph A. Pavone, United States Attorney;  Thomas L. Sansonetti, Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice, of counsel), for Appellant-Cross-Appellee United States of America., L. John Van Norden, Sciocchetti & Saccocio, PLLC, Schenectady, NY, for Defendant-Appellee-Cross-Appellant Joseph P. Thorn.