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U.S. v. O'MALLEY

No. 12-2771.

739 F.3d 1001 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Duane L. O'MALLEY, aka BUTCH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 8, 2014.

Attorney(s) appearing for the Case

John E. Childress , Attorney, Office of the United States Attorney, Springfield, IL, Eugene L. Miller , Attorney, Office of the United States Attorney, Urbana, IL, James Jinhan Cha , Attorney, Environmental Protection Agency Region 5, Office of the Regional Counsel, Chicago, IL, for Plaintiff-Appellee.

Robert T. Ruth , Attorney, Madison, WI, for Defendant-Appellant.

Before WOOD, Chief Judge, and FLAUM and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Defendant-Appellant Duane "Butch" O'Malley was convicted of removing, transporting, and dumping asbestos-containing insulation. A jury was convinced beyond a reasonable doubt that O'Malley knew the insulation contained asbestos. O'Malley appeals his criminal conviction and sentence on two grounds. First, he argues that the government did not prove the appropriate mens rea for the Clean Air Act violations of which he was accused: he argues...

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