United States v. Phillips
2011 U.S. App. LEXIS 12236
| 7th Cir. | 2011Background
- Phillips owned and managed an apartment building in New London, Wisconsin.
- In 2007, Phillips hired an unqualified worker to remove asbestos insulation and renovate the heating system, plus tenants who aided for reduced rent.
- The workers used a Sawzall to remove asbestos without protective gear, wetting, containment, or proper storage of asbestos waste.
- Asbestos dust was widespread; air samples indicated the building could not be safely inhabited, leading to tenant relocation orders by state and federal agencies.
- Phillips remained involved throughout the project, personally assisting with removal and knowing the dust and debris were substantial.
- Phillips pled guilty to illegally removing and disposing of asbestos insulation under a conditional plea reserving appeal on the meaning of “knowingly.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment sufficiently defined knowingly | Phillips argued indictment failed to prove unlawfulness. | Phillips claimed knowledge of unlawfulness required beyond underlying facts. | Indictment sufficient; district court did not err. |
| As-applied vagueness challenge waived on appeal | Phillips argues statute vague as applied to his case. | Phillips claims entitlement to review despite guilty plea. | As-applied vagueness challenge waived; not jurisdictional; affirmed. |
Key Cases Cited
- Hamling v. United States, 418 U.S. 87 (1974) (indictment sufficiency; informs charges)
- United States v. Glecier, 923 F.2d 496 (7th Cir.1991) (elements must be identified for indictment)
- United States v. White, 610 F.3d 956 (7th Cir.2010) (de novo review standard for dismissal ruling)
- United States v. Kingcade, 562 F.3d 794 (7th Cir.2009) (conditional plea reservation limits waiver of issues)
- Blackledge v. Perry, 417 U.S. 21 (1974) (jurisdictional vs non-jurisdictional challenges; waiver framework)
- Menna v. New York, 423 U.S. 61 (1975) (non-jurisdictional nature of certain guilty-plea waivers)
- United States v. Ochoa-Colchado, 521 F.3d 1292 (10th Cir.2008) (as-applied vagueness considerations in appeal)
- United States v. Sandsness, 988 F.2d 970 (9th Cir.1993) (plea agreement importance in as-applied challenges)