United States Sixth Circuit

After defendant's conviction for improperly discharging a pollutant into navigable waters and causing an employee to falsify test results to the government, a downward departure was an abuse of discretion where the district court did not provide facts placing the case outside the heartland of environmental crimes involving one or two discharges.

Appellate Information

• Argued 05/06/2003
• Decided 10/01/2003
• Published 10/01/2003

Judges

• Before BOGGS, Chief Circuit Judge;  GUY and DAUGHTREY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jennifer J. Peregord (argued and briefed), United States Attorney, Detroit, MI, for Appellant.


• For Appellees:
  
• William A. Brisbois (argued and briefed), Brisbois & Brisbois, Saginaw, MI, for Appellee.