United States Fifth Circuit

Defendants' convictions for Clean Water Act (CWA) violations, mail fraud, and conspiracy to commit mail fraud and to violate the CWA, are affirmed where: 1) there was no abuse of discretion in the district court's CWA instructions; 2) sufficient evidence supported a jury finding that the CWA reached the property at issue; 3) there was no error in denying defendants' vagueness motion; 4) the indictment was sufficient in charging a violation of the CWA for failure to obtain certain permits for the septic systems; 5) jury instructions were also sufficient; 6) denial of defendants' motion for acquittal on constitutional grounds was proper; 7) for purposes of mail fraud and conspiracy charges, the indictment was sufficient and sufficient evidence supported the convictions; 8) several evidentiary rulings did not constitute reversible error; and 9) the sentences and the restitution ordered were not improper.

Appellate Information

• Decided 02/01/2008
• Published 02/04/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Katherine J. Barton (argued), Anna T. Katselas, U.S Dept. of Justice, Env. & Nat. Res. Div., Washington, DC, Peter Hickman Barrett, Butler, Snow, O'Mara, Stevens & Cannada, Jay Tresca Golden, Asst. U.S. Atty., Gulfport, MS, for U.S., Malcolm Reed Hopper, Pac. Legal Found., Sacramento, CA, for Amicus Curiae, Pac. Legal Foundation., James Murphy, Nat. Wildlife Fed., Montpelier, VT, Myron Joseph Hess, Nat. Wildlife Fed., Austin, TX, for Amici Curiae, Nat. Wildlife Fed. and Mississippi Wildlife Fed.


• For Appellees:
  
• Phillip A. Wittmann (argued), Daria Burgess Diaz, Paul James Masinter, Stone, Pigman, Walther & Wittmann, New Orleans, LA, William Lee Guice, III, Rushing & Guice, Ocean Springs, MS, for Defendants-Appellants.