ELR Citation: ELR 20827
No(s). 01-5200 (10th Cir. Jul 23, 2002)

The court holds that a district court properly determined the sentence for an individual who pleaded guilty to aiding and abetting the injection of hazardous waste and the disposal of hazardous waste without a permit in violation of the Comprehensive Environmental Response, Compensation, and Liability Act. The individual agreed to have the waste illegally disposed of in a salt injection well, but some of the waste was disposed of into an overflow pit and the remaining waste was loaded onto a trailer where it dripped onto various roadways. The court first holds that the district court properly considered the actions of the individual's co-conspirators in setting the sentence. Although the waste was deposited by the co-conspirators in a manner that the individual did not know about, it was abundantly foreseeable that the hazardous waste would end up in places other than the intended injection well, whether at the site of the well, in transport to the well, at the site in loading and unloading, or on the roadways. The fact that the amount of hazardous waste found on the roadways ended up being more than might have been anticipated or that the amount on the roadways was the product of intentional conduct nevertheless keeps it within the scope of what was originally planned by the participants. The court next holds that the district court was not bound by the plea agreement to grant the individual a downward adjustment in his offense level even though the terms of the agreement allowed for it. Further, the district court did not err by refusing to grant a downward departure from the sentencing guidelines.

The full text of this decision is available from ELR (4 pp., ELR Order No. L-552).

Counsel for Plaintiff
Susan K. Morgan
U.S. Attorney's Office
3900 U.S. Cthse., Tulsa OK 74103
(918) 581-7463

Counsel for Defendant
Gerald L. Hilsher
Boone, Smith, Davis, Hurst & Dickman
100 W. 5th St., Tulsa OK 74103
(918) 587-0000