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U.S. v. HO

No. 01-20460.

311 F.3d 589 (2002)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Eric Kung-Shou HO, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 4, 2002.

Attorney(s) appearing for the Case

Robert Harris Oakley (argued), Greer S. Goldman, John Smeltzer, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Michael E. Clark (argued), Lee Hamel, Hamel, Bowers & Clark, Houston, TX, Samuel J. Buffone, Ropes & Gray, Washington, DC, for Ho.

Before DAVIS, JONES and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Eric Ho appeals his conviction under the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq., and its regulations. The government cross-appeals the refusal to impose two sentencing enhancements. We affirm the conviction but vacate the sentence and remand for re-sentencing.

I.

Ho is a naturalized citizen who emigrated to Houston from the Republic of China in the 1970's. He owns and operates a produce supply company...

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