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U.S. v. HANOUSEK

No. 97-30185.

176 F.3d 1116 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Edward HANOUSEK, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1999.

Attorney(s) appearing for the Case

Bruce E. Gagnon, Atkinson, Conway & Gagnon, Anchorage, Alaska, and Brian M. Doherty, Gilmore & Doherty, Anchorage, Alaska, for the defendant-appellant.

Ellen J. Durkee, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: THOMPSON and TASHIMA, Circuit Judges, and STAGG, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Edward Hanousek, Jr., appeals his conviction and sentence for negligently discharging a harmful quantity of oil into a navigable water of the United States, in violation of the Clean Water Act, 33 U.S.C. §§ 1319(c)(1)(A) & 1321(b)(3). Hanousek contends that the district court erred: (1) by failing to instruct the jury that the government must prove that he acted with criminal negligence as opposed to ordinary negligence...

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