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U.S. v. HARTSELL

Nos. 94-5796, 94-5797, 94-5804.

127 F.3d 343 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Gene Wesley HARTSELL, a/k/a Gene Wesley Gabe Hartsell, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Keith Norland EIDSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. CHEROKEE RESOURCES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1997.

Attorney(s) appearing for the Case

ARGUED: Dale Stuart Morrison, Law Offices of Dale S. Morrison, Charlotte, NC, for Appellants Eidson and Cherokee Resources; Edward Anthony Fiorella, Jr., Harkey, Lambeth, Nystrom & Fiorella, Charlotte, NC, for Appellant Hartsell. Ellen J. Durkee, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, David C. Shilton, Environment & Natural Resources Division, United States Department of Justice, Washington, DC; Mark T. Calloway, United States Attorney, Peter Crane Anderson, Assistant United States Attorney, Charlotte, NC, for Appellee.

Before ERVIN and MOTZ, Circuit Judges, and BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge MOTZ and Judge BLAKE joined.

OPINION

ERVIN, Circuit Judge:

Appellants, Cherokee Resources, Inc., Keith Norland Eidson and Gene Wesley Hartsell were convicted, following a jury trial, of numerous violations of the Clean Water Act (CWA), 33 U.S.C. § 1311 et seq. They appeal their convictions and their sentences, raising dozens of challenges to the validity of ...

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