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U.S. v. PETERS

No. 02-41176.

349 F.3d 842 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. PETERS; Jeffrey L. Jackson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 31, 2003.

Attorney(s) appearing for the Case

Todd Steven Aagaard (argued), Ellen J. Durkee, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Joseph R. Batte, Asst. U.S. Atty., Beaumont, TX, Wesley D. Rivers, Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.

David S. Krakoff (argued), Robert Seth Brager, Ilana Zehava Sultan, Beveridge & Diamond, Washington, DC, for Peters.

John G. Kester (argued), Paul C. Rauser, Marcie Robin Ziegler, Williams & Connolly, Washington, DC, for Jackson.

Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Michael Peters and Jeffrey Jackson appeal their convictions on three counts of knowingly operating a defective and damaged wastewater tank in violation of the Clean Air Act,1 one count of making a false writing as to material matters within the jurisdiction of the Environmental Protection Agency,2 and one count of conspiracy to make the false writing.

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