United States v. Spatig, No. 15-30322 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed defendant's conviction and sentence for storage of hazardous waste in violation of the Resource Conservation and Recovery Act, 42 U.S.C. 6928(d)(2)(A), holding that the district court properly refused to allow evidence of defendant's diminished capacity because the crime was one of general intent. The panel also held that the district court did not abuse its discretion by applying a four-level sentencing enhancement under USSG 2Q1.2(b)(3) because the cleanup of the property "required a substantial expenditure" given the magnitude of the hazardous materials in defendant's yard and the cost of $498,562 to clean them up.
Court Description: Criminal Law The panel affirmed the defendant’s jury conviction and sentence for storage of hazardous waste in violation of the Resource Conservation and Recovery Act. The panel held that the district court properly refused to allow evidence of the defendant’s diminished capacity because the crime was one of general intent. The district court also did not err in applying a four-level sentence enhancement under U.S.S.G. § 2Q1.2(b)(3) for cleanup that required a substantial expenditure.
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