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Criminal and Environmental Matters

By FindLaw Staff on April 02, 2010 | Last updated on March 21, 2019

US v. Russell, No. 08-3120, concerned a prosecution for travel with intent to engage in illicit sexual conduct.  The court of appeals affirmed in part the district court's order of supervised release, holding that the court's analysis of defendant's term of supervised release under the 18 U.S.C. section 3553(a) factors made applicable by section 3583(c) did not rebut the presumption established by the within-Guidelines sentence.  However, the court vacated in part where the 30-year prohibition on the possession and use of computers - a prohibition not subject to modification by the probation office - was substantively unreasonable.

American Trucking Ass'ns, Inc. v. EPA, No. 09-1090, involved a petition for review of the EPA's authorization of California's rule regulating the emissions from transportation refrigeration units in trucks.  The court of appeals denied the petition, holding that 1) the EPA's analysis of the issue of whether the rule was necessary "to meet compelling and extraordinary conditions" in California was reasonable and reasonably explained; 2) the California rule did not require any other state to adopt California's approach, and it did not apply anywhere but in California, and only to vehicles that entered California; and 3) the EPA gave appropriate consideration to the cost of compliance.

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