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U.S. v. CARR

No. 1163, Docket 89-1009.

880 F.2d 1550 (1989)

UNITED STATES of America, Appellee, v. David James CARR, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 25, 1989.

Attorney(s) appearing for the Case

Jonathan B. Fellows (George H. Lowe, Bond, Schoeneck & King, Syracuse, N.Y., of counsel), for defendant-appellant.

J. Carol Williams, Attorney, Dept. of Justice, Washington, D.C. (Donald A. Carr, Acting Asst. Atty. Gen., Washington, D.C., Frederick J. Scullin, Jr., U.S. Atty. for the N.D.N.Y., Craig A. Benedict, Asst. U.S. Atty., David C. Shilton, Maria A. Iizuka, Attorneys, Dept. of Justice, Washington, D.C., of counsel), for appellee.

Before KEARSE, CARDAMONE, and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Appellant David James Carr appeals from a judgment of the United States District Court for the Northern District of New York (Munson, J.), convicting him under section 103 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9603 (1982 & Supp. IV 1986). Under section 103, it is a crime for any person "in charge of a facility" from which a prohibited amount of hazardous substance is...

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