Rasmussen

MEMORANDUM *

Gary Rasmussen was convicted of transportation of hazardous waste to an unpermitted site, unlawful transportation of hazardous waste, and conspiracy. In case no. 01-50496, he appeals (1) the sufficiency of the evidence that the chemicals on which his convictions were based were “waste,” (2) the district court’s admission of photographs and hazardous waste manifests, (3) the district court’s denial of a motion for new trial based on an alleged Brady violation, (4) the denial of a motion for new trial based on allegedly new impeachment evidence, and (5) the jury instruction defining waste. In case no. 01-50533, the government appeals Rasmussen’s sentence, arguing that the district court erred in denying a two-level increase for obstruction of justice and in granting a four-level downward departure from the guidelines for a combination of mitigating factors. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

Because the parties are familiar with the facts, we will not recite them in detail except as necessary.

First, Rasmussen argues that the. jury instruction defining “waste” was erroneous. We disagree. The language of the instruction mirrored that of 40…