United States v. Phillips

T.G. NELSON, Circuit Judge.

David Phillips appeals his criminal conviction for violating the Clean Water Act1 (“CWA”) and conspiring to violate the CWA. We disposed of many of Phillips’ claims in a separate memorandum disposition. In this opinion, we reject Phillips’ remaining claim: that the district court erred in refusing to dismiss the indictment for lack of jurisdiction on the ground that Fred Burr Creek (the “creek”) was not a navigable water under the CWA and in so instructing the jury. Thus, we affirm Phillips’ conviction.

We also address the Government’s contentions that the district…