United States v. Ho, et al. (S.D. Tex)
N/AOUTCOME: See below
This case involved an environmental prosecution under the Clean Air Act for violations of the asbestos regulations. Following a successful pretrial Daubert challenge to the methodology of the governmen ... t's designated medical expert, the most serious charge (Knowing Endangerment) was abandoned. Following conviction on two regulatory counts, and acquittals or dismissals on other charges, the case has been appealed three times and resulted in a published decision (United States v. Ho, 311 F.3d 589 (5th Cir. 2002), cert. denied, 123 S.Ct. 2274) (aff'g decision and remanding for resentencing) and an unpublished decision (United States v. Ho, 132 Fed.Appx. 560, 2005 WL 1287414 (5th Cir. 2005)) (rev'g and remanding for resentencing).
