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U.S. v. PHILLIPS

Nos. 02-30035, 02-30046.

356 F.3d 1086 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. David PHILLIPS, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. David Phillips, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2004.

Attorney(s) appearing for the Case

Michael J. Sherwood, Michael J. Sherwood, P.C., Missoula, MT, for the defendant-appellant-cross-appellee.

Thomas L. Sansonetti, William W. Mercer, and Kris A. McLean, U.S. Attorney's Office, Missoula, MT; Linda Kato, Environmental Protection Agency, Denver, CO; and Todd Aagaard and Stephanie Tai, Department of Justice, Washington, DC, for the plaintiff-appellee-cross-appellant.

Before BRUNETTI, T.G. NELSON, and RAWLINSON, Circuit Judges.

T.G. NELSON, Circuit Judge.

David Phillips appeals his criminal conviction for violating the Clean Water Act1 ("CWA") and conspiring to violate the CWA. We disposed of many of Phillips' claims in a separate memorandum disposition. In this opinion, we reject Phillips' remaining claim: that the district court erred in refusing to dismiss the indictment for lack of jurisdiction on the ground that Fred Burr Creek (the "creek") was not a navigable...

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