United States v. James Ming Hong, United States of America v. James Ming Hong, United States of America v. James Ming Hong

Affirmed in part, vacated in part, and remanded by published opinion. Judge WILKINS wrote the opinion, in which Chief Judge WILKINSON and Judge KING joined.

OPINION

WILKINS, Circuit Judge:

James Ming Hong appeals his convictions and sentence for violating the Federal Water Pollution Control Act, commonly known as the Clean Water Act (CWA). See 33 U.S.C.A. § 1319(c)(1)(A) (West Supp. 2000). The Government cross-appeals, arguing that the district court erred in vacating the fine imposed by the magistrate judge who convicted and sentenced Hong and instructing the magistrate judge to impose a fine…