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U.S. v. MOSES

No. 06-30379.

496 F.3d 984 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. C. Lynn MOSES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2007.

Attorney(s) appearing for the Case

Blake S. Atkin, Atkin Law Offices, P.C., Salt Lake City, UT, for the defendant-appellant.

Matthew J. McKeown, Acting Assistant Attorney General, and Katherine W. Hazard, United States Department of Justice, Washington, DC, for the plaintiff-appellee.

Before: FERDINAND F. FERNANDEZ and KIM McLANE WARDLAW, Circuit Judges, and LOUIS H. POLLAK, District Judge.

FERNANDEZ, Circuit Judge:

Despite numerous warnings over the years, Charles Lynn Moses continued to do work in the channel of Teton Creek in Idaho for the purpose of rerouting, reshaping and otherwise controlling the flow of the waters of the Creek. The government finally prosecuted him for violating the Clean Water Act (CWA). See 33 U.S.C. §§ 1251-1387. He was convicted and sentenced, and now appeals. He claims that there was no discharge of pollutants...

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