RECENT FEDERAL DECISIONS

June 2006

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Second Circuit Directs District Court to Further Enhance Criminal Sentencing for Company Owner Convicted of Clean Air Act and Conspiracy Violations
United States v. Thorn, ___ F.3d ___

The owner of an illicit asbestos abatement company was convicted of ten counts of violating the Clean Air Act (CAA) and conspiracy to money launder. After remanding once for failure to adequately enhance its sentence consistent with the U.S. Sentencing Guidelines, on appeal by the United States and defendant, the U.S. Court of Appeals for the Second Circuit remanded a second time, directing the district court to further enhance its sentence consistent with evidence supporting findings that, among other things, defendant’s violations were likely to result in death or serious injury, and that his prior conviction on related charges warranted further upward sentencing adjustments.