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U.S. v. SPEACH

No. 90-50708.

968 F.2d 795 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Robert SPEACH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1992.

Withdrawn May 11, 1992.

Filed June 29, 1992.

Attorney(s) appearing for the Case

Lupe Martinez, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Gary S. Lincenberg, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before: PREGERSON, CANBY, and RYMER, Circuit Judges.

CANBY, Circuit Judge:

Michael Robert Speach appeals his conviction on four counts of unlawful transport of hazardous waste, in violation of 42 U.S.C. § 6928(d)(1). We reverse.1

BACKGROUND

Speach was the president of ENV, Inc., a company that operated vans equipped to treat waste effluent discharged from electroplating generators. The treatment process created a hazardous waste by-product, which ENV stored...

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