District court's sentence and conviction of defendants, for knowingly violating EPA work practice standards for the handling and disposal of regulated asbestos-containing material, subjecting them to criminal liability under the Clean Air Act, 42 U.S.C. section 7412 and 7413(c)(1), and knowingly and willfully making materially false, fictitious or fraudulent statements and representations in a matter within the jurisdiction of the executive branch of the United States by transmitting falsified air-monitoring reports to Virgin Islands Housing Authority (VIHA) in violation of 18 U.S.C. section 1001(a), is affirmed where: 1) evidence supports a finding that defendant was an operator of the project within the meaning of the Clean Air Act; 2) evidence is sufficient to establish falsity, federal-government jurisdiction, and necessary elements of a section 1001(a) violation; and 3) defendants' various challenges to the district court's determination of their respective sentences is rejected.
On Appeal from the District Court of the Virgin Islands, Division of St. Thomas (D.C. Nos. 03-Cr-00020-2 and 03-cr-00020-1)
District Judge: Honorable Raymond L. Finch
Opinion Filed September 24, 2009
Counsel for Appellee: Darren John-Baptiste, Charlotte Amalie, Anna T. Katselas