Ninth Circuit vacates Joe Robertson’s Clean Water Act conviction | Pacific Legal Foundation

July 10, 2019: Today the Ninth Circuit Court of Appeals vacated the conviction of Navy veteran Joe Robertson, who was sentenced to 18 months in prison and ordered to pay $130,000 in fines after he dug fire-fighting ponds near his home in Montana. Sadly, Joe passed away in March, but his wife, Carri Robertson, continued his legal battle.

“We are very pleased that the Ninth Circuit agreed that Joe’s convictions should be vacated and very pleased for Carri, who will no longer have a $130,000 federal judgment hanging over her head,” said Tony Francois, a senior attorney at Pacific Legal Foundation. “It has been an honor to represent Joe and now to be able to complete his vindication on behalf of his wife, Carri.”

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Supreme Court Moves to Overturn Conviction of Joe Robertson, Fined and Jailed for Digging Ponds on his Rural Montana Property

SCOTUS overturned decision upholding Robertson’s conviction and remanded the case so that the indictment could be dismissed and the lien cancelled(Washington, DC) – Judicial Watch announced today that the Supreme Court of the United States has overturned a lower court decision affirming the conviction of Joseph Robertson, a 78-year-old veteran now deceased who was sentenced to prison for digging ditches on his rural Montana property to protect the area surrounding his home from wildfires. Judicial Watch had filed an amicus curiae brief jointly with the Allied Educational Foundation supporting Robertson and urging Supreme Court review and reversal of the lower court decision. Robertson served 18 months in prison and died while serving probation. He was also fined $130,000, a liability inherited by his estate.

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Joe Robertson Released from Prison

Joe Robertson Released from Prison

Elderly Vietnam Vet Convicted for ‘EPA crimes’

Robertson was released into his own custody to enter into a halfway house in Butte, Montana, with plans to later be admitted to the Veterans Administration Medical Center in Fort Harrison, Montana. Robertson hopes to enter a PTSD inpatient program at the Fort Harrison VA. He remains under Department of Justice supervision, and his formal release date is December 2 of this year.

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