United States Third Circuit

After conviction for Clean Air Act violations and obstruction of justice, sentence enhancements were correctly imposed based on 1) continuous discharge of asbestos and 2) actions resulting in a substantial cleanup expenditure, but enhancement based on a permit violation was improper where such a violation was not charged.

Appellate Information

• Argued 11/02/2001
• Decided 06/04/2002
• Published 06/04/2002

Judges

• Before:  SLOVITER, NYGAARD and CUDAHY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Hope C. Lefeber (Argued), Philadelphia, PA, for Appellant.


• For Appellees:
  
• Michael L. Levy, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Linda Dale Hoffa (Argued), Assistant United States Attorney, Alicia S. Resnicoff, Office of United States Attorney, Philadelphia, PA, for Appellee.