As I posted March 1, 2012, on February 28, 2012, Cody Tuma pled guilty to one misdemeanor count of discharges to the Red River in violation of the CWA. Cody Tuma, along with his father, John Emerson Tuma, had been indicted in February 2011, under a five count indictment which included charges of conspiracy and obstructing an USEPA inspection and three CWA counts for illegal dumping of waste water. John Tuma’s trial commenced on February 12, 2012, and resulted in his conviction on all five counts.
Cody Tuma learns his fate today as he is scheduled to be sentenced in federal court at 3:00 p.m. this afternoon. He faces up to a year in prison and/or a fine of up to $100,000.00. The government has filed a motion alerting the Court to the fact that Cody Tuma provided “substantial assistance in the investigation and prosecution of other persons who have committed offenses, specifically, his father, John Tuma.” The government is requesting that the Court make such a finding and depart from the sentencing guidelines pursuant to Section 5K1.1 of the United States Sentencing Guidelines in sentencing Cody Tuma.
As always, feel free to contact me at firstname.lastname@example.org