Moran

MEMORANDUM *

Gene Moran challenges his conviction and sentence for negligent discharge of a pollutant into a publicly owned water treatment works in violation of the Clean Water Act, 33 U.S.C. §§ 1251-1387 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

The district court did not abuse its discretion in admitting the testimony of Jeffrey Yoshimoto, United States v. Alatorre, 222 F.3d 1098, 1100 (9th Cir.2000), nor was this ruling “manifestly erroneous,” United States v. Hankey, 203 F.3d 1160, 1167 (9th Cir.2000). The district court properly determined that Yoshimoto’s testimony was both relevant and reliable. See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). Edward Helal’s deviation from his sampling plan speaks to the weight the jury should have given Yoshimoto’s testimony, not its admissibility. See United States v. Chischilly, 30 F.3d 1144, 1154 (9th Cir.1994).

Likewise, the district court did not abuse its discretion in admitting John Gold’s testimony. While the infirmities and inconsistencies in Gold’s testimony raised questions about his believability, assigning the…