Document Type

Article

Publication Date

12-1-1993

Abstract

Defendant-appellant Harris Goldman appeals from a judgment of conviction and sentence entered in the United States District Court for the Northern District of New York (Munson, J.), after a jury trial, convicting him of knowingly disposing of hazardous waste without a permit, in violation of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901-6992k (West 1983 and Supp.1993) ("RCRA"). The judgment appealed from also convicted Goldman of failing to report the release of a hazardous substance as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (West 1983 & Supp.1993) ("CERCLA"), which requires that notification be given to the National Response Center or other appropriate governmental agency upon the release of a hazardous substance. The district court sentenced Goldman to concurrent prison terms of three-and-one-half years for the RCRA violation and three years for the CERCLA violation. He was further ordered to pay restitution to the United States in the amount of $607,868. Goldman primarily contends on appeal that the district court delivered an improper charge to the jury regarding the RCRA and CERCLA violations. For the reasons that follow, we affirm.

Comments

10 F.3d 961 (1993)

UNITED STATES of America, Appellee,

v.

Kenneth LAUGHLIN and John Donnelly, Defendants, Harris Goldman, Defendant-Appellant.

No. 200, Docket 93-1100.

United States Court of Appeals, Second Circuit.

Argued September 9, 1993.

Decided December 1, 1993.

New York Law School location: File #1755, Box #131

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