Legal Opinion
United States v. Dipentino
Court of Appeals for the Ninth Circuit
Decided March 13, 2001No. Nos. 98-10449, 98-10482, 98-10450, 98-10481PublishedCited by 37 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
Rocco Dipentino and Rafiq Ali appeal their convictions following their joint trial for improperly removing asbestos-containing materials from the Landmark Hotel and Casino in Las Vegas, Nevada, prior to its demolition, in violation of the Clean Air Act, 42 U.S.C. §§ 7412(f)(4) and (h), 7413(c)(1). The government cross-appeals the sentences imposed by the district court. We conclude that the district court committed plain error when it constructively amended the indictment by instructing the jury on a work practice standard that the defendants were not charged…
2Cases cited15 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Stirone v. United StatesSupreme Court of the United States · 1960
- United States v. AtkinsonSupreme Court of the United States · 1936
- William J. Jones v. M.L. Smith, Warden Attorney General State of CaliforniaCourt of Appeals for the Ninth Circuit · 2001
- United States v. OlanoCourt of Appeals for the Ninth Circuit · 1995
10 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States v. Robert U. SymeCourt of Appeals for the Third Circuit · 2002
- United States v. StarnesCourt of Appeals for the Third Circuit · 2009
- United States v. Michael H. Boulware, United States of America v. Michael H. BoulwareCourt of Appeals for the Ninth Circuit · 2004
- State v. AdamcikIdaho Supreme Court · 2012
- United States v. Richard J. AdamsonCourt of Appeals for the Ninth Circuit · 2002
32 more not listed; retrieve them via the Exa API.