United States Seventh Circuit

Under Section 301 of the Clean Water Act, 33 USC 1311(a), the number of violation days is a sentencing factor, not an element of the offense that must be alleged in the indictment.

Appellate Information

• Argued 04/20/2001
• Decided 12/17/2001
• Published 12/17/2001

Judges

• KANNE, Circuit Judge., Before EASTERBROOK, MANION, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Todd Kim (argued), Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S., Harriet H. Hamilton (argued), Westminster, CO, for Chemetco, Inc.