ELR Citation: ELR 20281
No(s). 92-8030 (11th Cir. Nov 30, 1992)

The court upholds jury instructions and sentence enhancement under the federal sentencing guidelines in a defendant's jury conviction for transporting and storing hazardous waste in violation of the Resource Conservation and Recovery Act (RCRA). The court first holds that the district court properly refused the defendant's requested jury instruction that would have required the jury to find that he had specific knowledge of the contents of the chemical drums he transported before convicting him of violating RCRA §3008(d). The court holds that the government need only prove that the defendant had knowledge of the general hazardous character of a chemical waste, but not that the defendant knew that the chemical waste had been defined as a hazardous waste by the U.S. Environmental Protection Agency. The defendant need not know the exact identity of the chemicals disposed of, but only that the chemicals have the potential to be harmful to others or to the environment. The court next holds that the district court did not clearly err in finding that a two-level reduction of the sentence was not warranted under the federal sentencing guidelines, because the defendant abandoned the drums, thereby increasing the risk that they would be improperly disposed of, which is what happened. Finally, the court holds that the defendant's failure at sentencing to object to a two-level enhancement as an organizer, leader, manager, or supervisor in criminal activity, is deemed to waive subsequent objections for purposes of appeal.

Counsel for Plaintiff-Appellee
John Davis, Ass't Attorney General
Attorney General's Office
40 Capitol Sq. SW, Atlanta GA 30334
(404) 656-4585

Counsel for Defendant-Appellant
Stephanie Kearns
Federal Defender Program
101 Marietta St. NW, Ste. 3512, Atlanta GA 30303
(404) 688-7530

Before HATCHETT, ANDERSON, and DUBINA, Circuit Judges.