U.S. v. Phillips

Dist. Ct. did not err in denying defendant's motion to dismiss his indictment on charge of illegal removal of asbestos under 42 USC section 7413(c)(1), even though defendant argued that govt. was required to prove that he knew his actions were illegal. Prior case law rejected defendant's argument, and indictment was not otherwise required to contain definition of "knowingly." Ct. also found that defendant was barred from asserting as-applied, vagueness challenge to section 7413(c)(1) where defendant raised it for first time on appeal after he had entered into conditional guilty plea.