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U.S. v. RUTANA

No. 90-3343.

932 F.2d 1155 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. John W. RUTANA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 8, 1991.

Attorney(s) appearing for the Case

Gregory C. Sasse, Asst. U.S. Atty. (argued), Cleveland, Ohio, for plaintiff-appellant.

Charles E. Dunlap (argued), Youngstown, Ohio, for defendant-appellee.

Before KENNEDY and NORRIS, Circuit Judges, and MILES, Senior District Judge.

MILES, Senior District Judge.

The United States appeals the district court's downward departure from the guidelines in sentencing John W. Rutana on 18 counts of knowing discharge of pollutants into a public sewer system in violation of the Federal Water Pollution Control (Clean Water) Act, 33 U.S.C. § 1251 et seq. For the following reasons, we reverse and remand the case to the district court for resentencing.

I

John Rutana was a part...

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