Colvin

ORDER DENYING MOVANT’S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE

The court, Judge Robert J. Timlin, has read and considered Movant Bobby Joe Colvin (“Colvin”)’s motion (“Motion”) to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (“Section 2255”), respondent United States of America (“government’O’s answer, and Colvin’s traverse. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

Between approximately July 1996 and February 1997 Colvin arranged for 5.4 million pounds of screw press rejects (“waste”) to be dumped on the Lady Lu Ranch (“Lady Lu”). Lady Lu is located on the northern shoreline of the Saltón Sea. Once deposited on Lady Lu, the waste was spread by Covlin, using a bulldozer, throughout Lady Lu. Some of the waste ended up in the Saltón Sea.

On September 9, 1997 Colvin was charged in a one-count indictment with discharging pollutants into navigable waters of the United States without a permit, in violation of the Clean Water Act, 33 U.S.C. § 1319 (c)(2)(A) (“CWA”). At the end of a five-day jury trial, the court read the following jury instructions, in pertinent part:

The jury convicted Colvin on May 21,1999. However,…