United States v. Edward Wyman

MEMORANDUM

Defendant-Appellant Edward Wyman appeals his conviction for knowingly storing hazardous wastes without a permit in violation of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6928 (d)(2)(A), and for knowingly endangering others in violation of 42 U.S.C. § 6928 (e). He also appeals the district court’s restitution order of $799,117.18. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1.The district court did not abuse its discretion in rejecting Wyman’s guilty plea. A district court must ensure there is a factual basis for a guilty plea, that the plea is voluntary, and that the defendant understands, among other things, the nature of the charges, the district court’s sentencing obligations and authority, and any minimum and maximum sentences. Fed.R.Crim.P. ll(b)(l)-(3).

Wyman adamantly refused to admit that the materials he had accumulated and stored were hazardous wastes, a condition of his plea agreement. See United States v. Mancinas-Flores, 588 F.3d 677, 685 (9th Cir.2009) (explaining that a court may reject a plea for lack of a factual basis where the “defendant had denied committing a specific element of the offense or protested his…