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U.S. v. AHMAD

No. 95-20627.

101 F.3d 386 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Attique AHMAD, aka Ed Ahmad, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied January 21, 1997.

Attorney(s) appearing for the Case

John A. Bryson, U.S. Dept of Justice, Washington, DC, Ethan Gregory Shenkman, U.S. Dept of Justice, Environment & Natural Resources Division, Washington, DC, for plaintiff-appellee.

Thomas R. Bartman, George O. Wilkinson, Vinson & Elkins, Washington, DC, Kimberly Zieske Lesniak, Vinson & Elkins, Houston, TX, David Benjamin Gerger, Foreman, DeGeurin and Nugent, Houston, TX, for defendant-appellant.

Paul D. Kamenar, Washington Legal Foundation, Washington, DC, Thomas R. Bartman, David Cindric, Vinson & Elkins, Washington, DC, Daniel J. Popeo, Washington, DC, for amicus curiae.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 21, 1997.

JERRY E. SMITH, Circuit Judge:

Attique Ahmad appeals his conviction of, and sentence for, criminal violations of the Clean Water Act ("CWA"). Concluding that the district court erred in its instructions to the jury, we reverse and remand.

I.

This case arises from the discharge of a large quantity of gasoline into the sewers of Conroe, Texas, in January 1994. In 1992,...

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