United States v. Ray Caldwell

MEMORANDUM

Ray Caldwell (“Caldwell”) and his incorporated business All Out Sewer and Drain Service, Inc. (“All Out”) (together, “Defendants”) appeal their convictions and sentences, following a bench trial, for unlawful discharge in violation of the Clean Water Act (“CWA”) ( 33 U.S.C. §§ 1317 (d), 1319(c)(2)(A)), mail fraud ( 18 U.S.C. §§ 1341-42 ), and making false statements ( 33 U.S.C. § 1319 (c)(4); 18 U.S.C. § 1001 ). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. SUFFICIENCY OF THE EVIDENCE CLAIMS

We review de novo sufficiency of the evidence presented at a bench trial, United States v. Jiang, 476 F.3d 1026, 1029 (9th Cir.2007), and we conclude that “after viewing the evidence in the light most favorable to the prosecution, [a] rational trier of fact could have found the essential elements of the crime[s] beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

A. Clean Water Act Violations — 33 U.S.C.’§§ 1317(d); 1319(c)(2); 40 C.F.R. § 403.5 (b)(8)

Defendants point to no authority in support of their argument that scientific sampling of the actual dumped waste, which was not performed here, is…