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U.S. v. HUMPHRIES

No. 11-50383.

728 F.3d 1028 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Harry HUMPHRIES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2013.

Attorney(s) appearing for the Case

Gary P. Burcham , Burcham & Zugman, San Diego, CA, for Defendant-Appellant.

André Birotte, Jr. , United States Attorney, Robert E. Dugdale , Assistant United States Attorney, Chief, Criminal Division, and Dennis Mitchell (argued), Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: HARRY PREGERSON and RAYMOND C. FISHER, Circuit Judges, and WILEY Y. DANIEL, District Judge.

OPINION

FISHER, Circuit Judge:

Harry Humphries was convicted by jury trial of one count of illegally storing hazardous wastes without a permit in violation of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928(d)(2). Humphries appeals his conviction, arguing that the district court improperly instructed the jury about the distinction between "storage" and "disposal" of hazardous waste in response...

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