Wednesday, January 02, 2013

U.S. v. Yi (9th Cir. - Jan. 2, 2013)

How much time in prison -- if any -- should a defendant receive if he knows some ceiling tiles contain some asbestos but has a work crew scrape the ceilings wearing white masks instead of respirators (i.e., treats the job as containing no asbestos)?

The sentencing guidelines say:  "Around a decade in prison."  After some downward departures, the district court gives the defendant four years.


Overly harsh?  Overly lenient?  Just about right?