United States v. James Allen Ferrin

The government appeals the sentence of James Allen Ferrin, who pleaded guilty to one count of aiding and abetting the illegal disposal of hazardous waste, on four grounds: 1) that the offense level should have been enhanced pursuant to U.S.S.G. § 2Q1.2(b)(l) for a discharge into the environment; 2) that the district court incorrectly applied U.S.S.G. § 2Q1.2(b)(4) when it adjusted the offense level upward only two levels instead of four for failure to have a permit; 3) that the offense level should have been enhanced pursuant to U.S.S.G. § 3B1.3 for abuse of a position of trust; and 4) that the district court failed to assess a fine as required by U.S.S.G, § 5E1.2(a). We vacate Ferrin’s sentence and remand for resentencing.

FACTS AND PROCEDURAL HISTORY

Ferrin, a civilian employee, was the supervisor of seven hazardous waste handlers at the 32nd Street Naval Station in San Diego, California. The facility he was in charge of, the Consolidation, Storage and Transfer Facility (the “CST”), is used to collect and store hazardous wastes generated by the navy while arrangements are made for civilian contractors to transfer them to a lawful disposal site. The navy had applied to the…