What are the implications of the Court's use of the environmental and multiple count sections in the Guidelines for Assessment Review and Assessment Review?

Preliminarily, we note that, as indicated above, these two adjustment objections were not voiced in the district court. Given the complexity and novelty of this type of case, however, we find it appropriate to consider these issues on appeal. See, e.g., United States v. McCall, 915 F.2d 811, 814 (2d Cir.1990); see also United States v. Rodriguez, 943 F.2d 215, 216-17 (2d Cir.1991). Accordingly, we address the propriety of the court's use of the environmental sections found in Chapter Two of the Guidelines and the multiple-count sections found in Chapter Three.