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U.S. v. HAGBERG

No. 99-30112.

207 F.3d 569 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Jamie John HAGBERG, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 22, 2000.

Attorney(s) appearing for the Case

Ethan G. Shenkman, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the plaintiff-appellant.

Mark S. Werner, Assistant Federal Defender, Federal Defenders of Montana, Billings, Montana, for the defendant-appellee.

Before: TROTT, KLEINFELD, and SILVERMAN, Circuit Judges.

TROTT, Circuit Judge:

The United States appeals the district court's dismissal of an indictment charging Jamie John Hagberg ("Hagberg") with "knowingly dispos[ing] of domestic septage on a public contact site" in violation of 33 U.S.C. §§ 1345(e) and 1319(c)(2). The district court dismissed the indictment based on its conclusion that the substance Hagberg allegedly dumped was not "sewage sludge," as defined by 40 C.F.R. Part 503. The United States argues...

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