United States Third Circuit

District court's sentence and conviction of defendants for, inter alia, knowingly violating EPA work practice standards for the handling and disposal of regulated asbestos-containing material, is affirmed where: 1) evidence supports a finding that defendant was an operator of the project within the meaning of the Clean Air Act; 2) the evidence was sufficient to establish falsity, federal-government jurisdiction, and the necessary elements of an 18 U.S.C. section 1001(a) violation; and 3) defendants' various challenges to the district court's determination of their respective sentences is rejected.

Appellate Information

• Argued 12/11/2008
• Decided 09/24/2009
• Published 09/24/2009

Judges

• Before FISHER, JORDAN and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Todd G. Scher, (Argued), Marc D. Seitles, Miami, FL, for Appellant, Dylan C. Starnes., Darren John-Baptiste, (Argued), The Practice, PLLC, Charlotte Amalie, St. Thomas, VI, for Appellant, Cleve-Allan George.


• For Appellees:
  
• Anna T. Katselas, (Argued), United States Department of Justice, Washington, DC, for Appellee, United States of America.