United States v. Spain

MEMORANDUM OPINION AND ORDER

JOAN B. GOTTSCHALL, District Judge.

Defendant James Spain has pled guilty to Count One of the indictment, violating 18 U.S.C. §§ 371 and 2 by conspiring to knowingly violate the Clean Water Act (“CWA”), 33 U.S.C. § 1319(c)(2)(A). A sentencing hearing was held on November 3, 2008. This order determines Spain’s applicable sentencing range under the Federal Sentencing Guidelines.

For the reasons stated below, Spain is assigned a base-level of six under U.S.S.G. § 2Q1.3, an increase of four under § 2Q1.3(b)(l), an increase of four under § 3Bl.l(a), and a decrease of two…