United States v. Chemical & Metal Industries, Inc.
Court of Appeals for the Fifth Circuit
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…
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