Phillips

MEMORANDUM *

David Phillips appeals his criminal conviction for violation of the Clean Water Act (“CWA”) and conspiracy. We have juris *652 diction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the facts are known to the parties, we do not recite them here.

I. Phillips’ Motions to Dismiss the Indictment

Many of Phillips’ arguments assert that the district court erred when it refused to dismiss the indictment against him. Phillips based several of his arguments on an estoppel theory. 2 The court correctly concluded that Phillips’ claim of reliance upon the Army Corps of Engineers’ letter rested on factual issues that were best left to the jury.

The district court appropriately concluded that Phillips failed to show that the court should dismiss the indictment because the federal prosecution was a sham for the state prosecution. 4 Therefore, Phillips’ claims based upon successive prosecution also fail. The federal agencies conducted substantial investigation prior to the termination of the state proceedings. Furthermore, the state did not pay for the federal prosecution, and its personnel were not in charge of the federal prosecution. Although state personnel…