U.S. v. TURNER

Nos. 95-5594, 95-5595.

102 F.3d 1350 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Darlene TURNER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dennis TURNER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 26, 1996.


Attorney(s) appearing for the Case

ARGUED: Robert Maurice Galumbeck, Dudley, Galumbeck & Simmons, Tazewell, VA, for Appellants. Steven Randall Remseyer, Assistant United States Attorney, Abingdon, VA, for Appellee. ON BRIEF: Robert P. Crouch, Jr., United States Attorney, Abingdon, VA, for Appellee.

Before MURNAGHAN, Circuit Judge, SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


OPINION

SMITH, District Judge:

Darlene Turner, owner, President, and mine operator of Bruce Coal Company, and Dennis Turner, her husband and also mine operator at Bruce Coal, were both sentenced to imprisonment for violating 18 U.S.C. § 371 and 30 U.S.C. § 820(f) of the Federal Mine Safety and Health Act of 1977 ("Act"). Under the Act, each miner must receive at least eight hours of annual refresher training regarding mine health and safety. 30...

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