United States of America, Plaintiff-Appellee-Cross-Appellant v. Eric Kung-Shou Ho, Defendant-Appellant-Cross-Appellee

JERRY E. SMITH, Circuit Judge:

Eric Ho appeals his conviction under the Clean Air Act (“CAA”), 42 U.S.C. § 7401 et seq., and its regulations. The government cross-appeals the refusal to impose two sentencing enhancements. We affirm the conviction but vacate the sentence and remand for re-sentencing.

I

Ho is a naturalized citizen who emigrated to Houston from the Republic of China in the 1970’s. He owns and operates a produce supply company, Houston Fruit-land, and a trucking company, Ho Ho Ho Express, Inc. He was convicted of failure to comply with asbestos work practice standards, 42 U.S.C. §…