United States v. Phillip, No. 10-2438 (7th Cir. 2011)
Annotate this CaseDefendant entered a plea of guilty to removing and disposing of asbestos in violation of 42 U.S.C. § 7413(c)(1) while replacing an apartment building heating system. He claimed that he had not known that asbestos was harmful and reserved his right to appeal the meaning of "knowingly," as used in the statute. He was sentenced to 18 months imprisonment, three years of supervised release, $12,765 in restitution, and a $100 special assessment fee. The Seventh Circuit affirmed, holding that an "as applied" vagueness challenge to the statute was not a challenge to the court's jurisdiction and was barred by the plea. Having already admitted guilt of the substantive crime and affirmed the underlying facts of the conviction, the defendant cannot re-argue the facts on appeal and challenge the statute as vague in application.
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