CLICK HERE FOR FULL TEXT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAMES MICHAEL HOLDEN (07-5573) and JAMES LARRY HOLDEN (07-5574),
Defendants-Appellants.


Nos. 07-5573/5574

Appeal from the United States District Court
for the Middle District of Tennessee at Columbia.
No. 05-00011—William J. Haynes, Jr., District Judge.
Argued: January 22, 2009
Decided and Filed: February 24, 2009
Before: MARTIN and MOORE, Circuit Judges; GWIN, District Judge.

_________________________
OPINION
_________________________

BOYCE F. MARTIN, JR., Circuit Judge. This appeal involves convictions arising out of an investigation into false reporting of pollutant levels in wastewater discharged by a water treatment facility in Mount Pleasant, Tennessee. Mike Holden, the operator of the plant, was convicted of knowingly falsifying and concealing material facts in a matter within the jurisdiction of the Environmental Protection Agency (“EPA”) in violation of 18 U.S.C. §§ 2, 1001(a), and of falsifying documents with the intent to impede an investigation within the jurisdiction of the EPA in violation of 18 U.S.C. §§ 2, 1519. His father, Larry Holden, the Superintendent of Public Works for Mount Pleasant, was convicted of knowingly falsifying and concealing material facts in a matter within the jurisdiction of the EPA.

The Holdens challenge their convictions on four grounds. First, they argue that the district court abused its discretion by excluding evidence that Marty Roddy had been treated for marijuana dependency in 1992. Second, they argue that the district court committed plain error by admitting into evidence a negative evaluation of the plant from before the charged period. Third, they argue that the district court abused its discretion by refusing to admit statements by Mike Holden under the “rule of completeness.” Fourth, they argue that the evidence presented at trial was insufficient to find James Larry Holden guilty beyond a reasonable doubt.

We find that no reversible error occurred at trial, and we thus AFFIRM.