US v. Humphries, No. 11-50383 (8-29-13) (Fisher with Pregerson and Daniel, D.J.)
The defendant was convicted of illegally storing hazardous wastes. The question was when should a jury find that a defendant started to dispose of the wastes: when he had made a subjective decision; or when he actually acted. You guessed it: the actual act. The jury instruction stating that disposal begins with an act was not erroneous.