United States Second Circuit

District court erred in deeming defendant's conduct "unsophisticated"; he made numerous false entries in two oil record books and routinely instructed his subordinates to dump oily water into the sea, usually at night. On resentencing, court must reconsider whether his conduct fell within U.S.S.G. section 2B1.1(b)(8)(B). (Amended opinion)

Appellate Information

• Decided 04/02/2004
• Published 04/05/2004

Judges

• POOLER, Circuit Judge., Before:  STRAUB and POOLER, Circuit Judges, HURD, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrew J. Frisch, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James, Assistant United States Attorney, and Thomas L. Sansonetti, Assistant Attorney General, Environmental & Natural Resources Division, United States Department of Justice, on the brief), Brooklyn, NY, for Appellant.


• For Appellees:
  
• Kevin F. Clines, Hughes, Hubbard & Reed, LLP (Edward J.M. Little on the brief), New York, NY, for Defendant-Appellee.