United States v. Tuma, No. 12-31234 (5th Cir. 2013)Annotate this Case
Defendant appealed his sentence and convictions for crimes related to his involvement in the disposing of untreated wastewater. The court rejected defendant's evidentiary claims and concluded that the cumulative effect of any alleged error was harmless. Further, the court held that there was no error by the district court in applying a four-level enhancement under U.S.S.G. 2Q1.3(b)(4) to defendant whose conduct the enhancement plainly encompassed; the court lacked jurisdiction to review the denial of a two-level downward departure where the district court clearly considered the departure and chose not to apply it in light of the quantity of the discharges involved; the district court did not err in applying a six-level enhancement under U.S.S.G. 2Q.3(b)(1)(A) for ongoing, repetitive, continuous discharge of a pollutant; and the court rejected defendant's remaining arguments. Accordingly, the court affirmed the convictions and sentence.
The court issued a subsequent related opinion or order on January 20, 2014.