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U.S. v. PRICE

No. 02-10196.

314 F.3d 417 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis PRICE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 26, 2002.

Attorney(s) appearing for the Case

Daniel J. Albregts, Las Vegas, NV, for the defendant-appellant.

Michael R. Fisher, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the plaintiff-appellee.

Before RYMER, THOMAS and SILVERMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

We hold today that the Double Jeopardy Clause does not bar the defendant's federal criminal prosecution for a violation of the Clean Air Act, 42 U.S.C. §§ 7412, 7413(c), even though the defendant was previously assessed a civil penalty for the same conduct by the Clark County, Nevada Health District for a violation of county asbestos-removal regulations that mirror the...

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