United States Second Circuit

Defendants' sentence for violating the Clean Air Act is vacated where the district court erred by considering state permitted requirements, that are arguably inapplicable to defendants, in imposing a sentence enhancement.

Appellate Information

• Decided 03/31/2005
• Published 03/31/2005

Judges

• Before:  CARDAMONE, JACOBS, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeremy Gutman (Lawrence Herzog, on the brief), New York, N.Y. for defendants-appellants., Andrew J. Frisch, Assistant United States Attorney for the Eastern District of New York, Brooklyn, N.Y. (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, David C. James, Assistant United States Attorney for the Eastern District of New York, on the brief) for appellee.