UNITED STATES of America, Plaintiff-Appellee, v. Robert MURPHY, Defendant-Appellant

Opinion by Judge BRUNETTI; Concurrence by Judge HAWKINS.

BRUNETTI, Circuit Judge:

Robert Murphy appeals his conviction and sentence for violations of the Clean Air Act, 42 U.S.C. §§ 7412-7413, and the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9603, and for making false statements to government agents, in violation of 18 U.S.C. § 1001. He claims that the district court improperly admitted the testimony of his former wife at trial. He also claims that the district court erroneously concluded that it lacked authority to depart downward from the Sentencing…