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U.S. v. HENRY

Nos. 96-1775, 97-1400.

136 F.3d 12 (1998)

UNITED STATES, Appellee, v. Mark O. HENRY, Defendant — Appellant.

United States Court of Appeals, First Circuit.

Decided February 5, 1998.

Attorney(s) appearing for the Case

Bjorn Lange, Assistant Federal Public Defender, Federal Defender Office, for appellant.

Jeffrey C. Dobbins, Attorney, Department of Justice, with whom Lois J. Schiffer, Assistant Attorney General, Environment and Natural Resources Division, Stephen R. Herm, Jeremy F. Korzenik and David C. Shilton, Attorneys, Department of Justice, were on brief for appellee.

Before SELYA and BOUDIN, Circuit Judges, and DOWD, Jr., Senior District Judge.

AMENDED OPINION

DOWD, Senior District Judge.

I. INTRODUCTION

The defendant-appellant Mark O. Henry (hereafter "Henry") prosecutes two appeals growing out of his indictment and conviction for one count of conspiracy to violate 42 U.S.C. § 6928(d)(1) which prohibits the transport of hazardous waste to a facility that does not have a permit to receive such waste, one count of mail fraud and three counts of wire fraud.

Henry owned and...

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