United States Fifth Circuit

Defendant's sentence for aiding and abetting an attempt to manufacture methamphetamine is vacated where, although it offered evidence that defendant's offense involved the emission of noxious fumes, the government did not offer evidence showing how the emission was unlawful, and thus the toxic emission enhancement under the Sentencing Guidelines did not apply.

Appellate Information

• Decided 02/04/2010
• Published 02/05/2010

Judges

• PER CURIAM:, Before KING, BARKSDALE, and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel