US v. Sauseda, No. 08-51219

Defendant's sentence for aiding and abetting an attempt to manufacture methamphetamine is vacated where, although it offered evidence that defendant's offense involved the emission of noxious fumes, the government did not offer evidence showing how the emission was unlawful, and thus the toxic emission enhancement under the Sentencing Guidelines did not apply.

Read US v. Sauseda, No. 08-51219

Appellate Information

Filed February 4, 2010

Judges

Per Curiam