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U.S. v. CHEMICAL & METAL INDUSTRIES, INC.

No. 11-30327.

677 F.3d 750 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. CHEMICAL & METAL INDUSTRIES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 17, 2012.

Attorney(s) appearing for the Case

Catherine M. Maraist (argued) , Helina S. Dayries , Asst. U.S. Attys., Corey Ross Amundson , Baton Rouge, LA, for Plaintiff-Appellee.

Michael Sean Walsh , Lee & Walsh, Baton Rouge, LA, Michael J. Hofmann (argued), Clifford Benjamin Stricklin , Bryan Cave, HRO, Denver, CO, for Defendant-Appellant.

Before SMITH, GARZA and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge.

The appeal is from a judgment of conviction and the sentence of a corporation for negligent endangerment that resulted in death. See 42 U.S.C. § 7413(c)(4). The sentence included a $1,000,000 fine and a restitution award of $2,000,000. We agree that there was no evidence to support either amount. We MODIFY the fine and VACATE the restitution order. As modified, the judgment is AFFIRMED.

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