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U.S. v. TECHNIC SERVICES, INC.

No. 01-30057.

314 F.3d 1031 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. TECHNIC SERVICES, INC. and Rick Rushing, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2002.

Attorney(s) appearing for the Case

Lawrence A. Pederson, Paul J. Nangle & Associates, Anchorage, AK, for the defendants-appellants.

James D. Oesterle, Special Assistant United States Attorney, Anchorage, AK, for the plaintiff-appellee.

Before: B. FLETCHER, ALARCÓN, and GRABER, Circuit Judges.

Opinion by Judge GRABER; Partial Dissent by Judge BETTY B. FLETCHER.

OPINION

GRABER, Circuit Judge.

Defendants Rick Rushing and Technic Services, Inc. (TSI), appeal their convictions for violating the Clean Air Act and the Clean Water Act, as well as the related sentences imposed. We reverse Rushing's conviction on Count 8 for lack of evidence, but otherwise affirm the convictions. With respect to the sentences, we vacate the enhancement to Rushing...

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