· 4/20/2004
United States v. Emilio A. Perez
Citations
- 366 F.3d 1178
- 58 ERC (BNA) 1760
- 2004 U.S. App. LEXIS 7560
- 2004 WL 834178
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- conviction included two counts of unpermitted discharge of pollutants into wetlands; no departure under Note 7; no valid mitigating circumstances raised at sentencing hearing
- “Where the same language appears in two guidelines, it is generally presumed that the language bears the same meaning in both. It is also generally presumed that the disparate inclusion or exclusion of language is intentional and purposeful.” (citation omitted)
- rules of statutory construction apply to Sentencing Guidelines and commentary
- pollutants dumped by truck into wetlands
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilson, Kravitch, Goldberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.