United States Fourth Circuit

Sentence of three years' probation for conviction of federal environmental crimes involving illegal dredging after guilty plea is vacated where the guideline range was improperly calculated as the departure granted under U.S.S.G. section 5K2.20 for aberrant behavior was unwarranted.

Appellate Information

• Argued 05/26/2006
• Decided 08/01/2006
• Published 08/01/2006

Judges

• Before MICHAEL and KING, Circuit Judges, and JOSEPH F. ANDERSON, JR., Chief United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Anne Margaret Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.  J. Matthew Martin, Asheville, North Carolina, for Appellee.   ON BRIEF:  Frank D. Whitney, United States Attorney, Banumathi Rangarajan, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina;  Todd S. Aagaard, John E. Arbab, United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C.;  Carol Ann Siciliano, Assistant General, United States Environmental Protection Agency, Washington, D.C., for Appellant.  Thomas C. Manning, Manning & Crouch, Raleigh, North Carolina, for Appellee.