United States v. Eduardo Suarez

15 F.3d 1094 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Eduardo SUAREZ, Defendant-Appellee. No. 92-10674. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1993. * Decided Jan. 10, 1994. Before: SKOPIL, THOMPSON, and RYMER, Circuit Judges MEMORANDUM ** The United States appeals the district court's calculation of Eduardo Suarez's sentence following his conviction for knowingly discharging a pollutant into the waters of the United States without a permit, in violation of the Clean Water Act, 33 U.S.C. Secs. 1311 (a), 1319(c)(2)(A). The district court declined to increase Suarez's offense level by six levels pursuant to U.S.S.G. Sec. 2Q1.3(b)(1)(A), which applies to the "ongoing, continuous, or repetitive discharge, release, or omission of a pollutant into the environment." Because the undisputed facts demonstrate that Suarez placed fill into the wetlands located on his property, we conclude that the…