United States Ninth Circuit

District court did not clearly err in finding that U.S.S.G. section 2D1.1(b)(5) applies to a methamphetamine production defendant, because there was an unlawful discharge and disposal of a hazardous waste, and court did not abuse its discretion in applying the sentence enhancement.

Appellate Information

• Argued 06/04/2003
• Decided 08/13/2003
• Published 08/13/2003

Judges

• Before B. FLETCHER, BRUNETTI, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Wendy Holton, Helena, MT, for the defendant-appellant., William M. Mercer, United States Attorney, and Bernard F. Hubley, Assistant United States Attorney, U.S. Attorney's Office, Helena, MT, for the plaintiff-appellee.