Legal Opinion

United States v. Chemical & Metal Industries, Inc.

Court of Appeals for the Fifth Circuit

Decided April 17, 2012No. 11-30327PublishedCited by 27 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

The appeal is from a judgment of conviction and the sentence of a corporation for negligent endangerment that resulted in death. See 42 U.S.C. § 7413(c)(4). The sentence included a $1,000,000 fine and a restitution award of $2,000,000. We agree that there was no evidence to support either amount. We MODIFY the fine and VACATE the restitution order. As modified, the judgment is AFFIRMED.

FACTS

C&MI is a company that recycles hazardous compounds used by manufacturers. One of its clients is Honeywell. On July 30, 2003, a Honeywell employee, Delvin Henry, died…

2Cases cited6 opinions

  1. United States v. WhitelawCourt of Appeals for the Fifth Circuit · 2009
  2. United States v. ArcherCourt of Appeals for the Second Circuit · 2011
  3. United States v. NorrisCourt of Appeals for the Fifth Circuit · 2000
  4. United States v. MiddlebrookCourt of Appeals for the Seventh Circuit · 2009
  5. United States v. Marvin Daniel HudsonCourt of Appeals for the Tenth Circuit · 2007

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. United States v. Ricky KeeleCourt of Appeals for the Fifth Circuit · 2014
  2. United States v. Arun SharmaCourt of Appeals for the Fifth Circuit · 2012
  3. United States v. Gary GravesCourt of Appeals for the Fifth Circuit · 2018
  4. United States v. Christian WinchelCourt of Appeals for the Fifth Circuit · 2018
  5. United States v. Brandon LealCourt of Appeals for the Fifth Circuit · 2019

22 more not listed; retrieve them via the Exa API.

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