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U.S. v. ORTIZ

No. 04-1228.

427 F.3d 1278 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. David Enrique ORTIZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 1, 2005.

Attorney(s) appearing for the Case

Patricia W. Davies, Assistant U.S. Attorney, Denver, CO, (William J. Leone, Acting United States Attorney, James C. Murphy, Assistant U.S. Attorney, Denver, CO and Linda Kato, Regional Criminal Enforcement Counsel, U.S. EPA, Region 8, Denver, CO, with her on the briefs) for the Plaintiff-Appellant.

Virginia L. Grady, Assistant Federal Public Defender, Denver, CO, (Raymond P. Moore, Federal Public Defender, Denver, CO and John T. Carlson, Assistant Federal Public Defender, Denver, CO, with her on the brief) for the Defendant-Appellee.

Before BRISCOE, BRORBY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

After a jury convicted David Ortiz of violating the Clean Water Act by negligently discharging a pollutant into the Colorado River, the district court entered a judgment of acquittal. The court ruled as a matter of law that an individual is not guilty of negligently discharging a pollutant unless he knows that the pollutant's path terminates in protected water. This conclusion is at odds with the plain language of the Clean Water Act, which...

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