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U.S. v. LUCAS

No. 06-60289.

516 F.3d 316 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Robert J. LUCAS, Jr.; Big Hill Acres, Inc.; Consolidated Investments, Inc.; Robbie Lucas Wrigley; M.E. Thompson, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 1, 2008.

Attorney(s) appearing for the Case

Katherine J. Barton (argued), Anna T. Katselas, U.S Dept. of Justice, Env. & Nat. Res. Div., Washington, DC, Peter Hickman Barrett, Butler, Snow, O'Mara, Stevens & Cannada, Jay Tresca Golden, Asst. U.S. Atty., Gulfport, MS, for U.S.

Philip A. Wittmann (argued), Dania Burgess Diaz, Paul James Masinter, Stone, Pigman, Walther & Wittmann, New Orleans, LA, William Lee Guice, III, Rushing & Guice, Ocean Springs, MS, for Defendants-Appellants.

Malcolm Reed Hopper, Pac. Legal Found., Sacramento, CA, for Amicus Curiae, Pac. Legal Foundation.

James Murphy, Nat. Wildlife Fed., Montpelier, VT, Myron Joseph Hess, Nat. Wildlife Fed., Austin, TX, for Amici Curiae, Nat. Wildlife Fed. and Mississippi Wildlife Fed.

Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

Defendants sold house lots and designed and certified septic systems on wetlands but represented the lots as dry. Septic systems on the lots failed, causing waste discharges. The Government charged the corporate developer and various individuals with Clean Water Act (CWA) violations, mail fraud, and conspiracy to commit mail fraud and to violate the CWA. A jury found Defendants guilty on all counts.

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