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U.S. v. HILLYER

No. 05-4295.

457 F.3d 347 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Eugene HILLYER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2006.

Attorney(s) appearing for the Case

ARGUED: Anne Margaret Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. J. Matthew Martin, Asheville, North Carolina, for Appellee. ON BRIEF: Frank D. Whitney, United States Attorney, Banumathi Rangarajan, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina; Todd S. Aagaard, John E. Arbab, United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C.; Carol Ann Siciliano, Assistant General, United States Environmental Protection Agency, Washington, D.C., for Appellant. Thomas C. Manning, Manning & Crouch, Raleigh, North Carolina, for Appellee.

Before MICHAEL and KING, Circuit Judges, and JOSEPH F. ANDERSON, JR., Chief United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge KING and Chief Judge ANDERSON joined.

OPINION

MICHAEL, Circuit Judge.

Michael Eugene Hillyer pled guilty to two federal environmental crimes involving illegal dredging in North Carolina's Croatan Sound. The government appeals Hillyer's sentence of three years' probation, contending that the district court erred both in calculating the advisory guideline range...

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