United States Third Circuit

A sentence for failing to keep an accurate "oil record book," in violation of a statute which is part of legislation implementing an international anti-pollution treaty, is vacated and remanded where, under the text of U.S.S.G. section 2Q1.3 and other applicable guidelines provisions, his offense did not "result in" the repeated discharges of oily waste upon which a challenged sentencing enhancement was based.

Appellate Information

• Argued 07/11/2006
• Decided 08/18/2006
• Published 08/18/2006

Judges

• Before SMITH, ALDISERT, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Carl R. Woodward, III (Argued), Kenneth L. Winters, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, NJ, for Appellant.


• For Appellees:
  
• Michael T. Gray (Argued), Sue Ellen Wooldridge, John Smeltzer, Joseph Poux, Department of Justice, Washington, D.C., for Appellee.