1. Home
  2. Browse Decisions
  3. F.3d
  4. 438 F.3d
  5. 438 F.3d 1026 (2006)
 

U.S. v. HUBENKA

No. 05-8006.

438 F.3d 1026 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. John HUBENKA, Defendant-Appellant. Northern Arapahoe Tribe, Eastern Shoshone Tribe, and National Wildlife Federation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 21, 2006.

Attorney(s) appearing for the Case

Robert R. Rogers, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Cheyenne, WY, for Defendant-Appellant.

Linda S. Kato, Special Assistant United States Attorney (Matthew H. Mead, United States Attorney, John R. Green, Assistant United States Attorney, David A. Kubichek, Assistant United States Attorney, with her on the brief), for Plaintiff-Appellee.

Thomas D. Lustig, Jim Murphy and Michael A. Saul, National Wildlife Federation, Boulder, CO, filed an amici curiae brief on behalf of Northern Arapahoe Tribe, Eastern Shoshone Tribe and National Wildlife Federation.

Before EBEL, McWILLIAMS and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

A second superceding indictment charged John Edward Hubenka with three counts of discharging pollutants into the Wind River in violation of the Clean Water Act, 33 U.S.C. §§ 1311(a) and 1319(c)(2)(A). A jury found Hubenka guilty on all three counts. Hubenka appeals his convictions. He argues his activities on the Wind River lie beyond the reach of the Clean Water Act. Hubenka also contends the district...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases