United States v. Julius Alli

Julius Alii was convicted for his participation in a tax fraud scheme. Although the scheme netted him no more than a few thousand dollars, he was sentenced to seventy-one months in federal custody, three years of supervised release, restitution of $38,500, and a $250 special assessment.

Alii appeals his conviction and sentence. His central and most troublesome contention concerns testimony by two of Aili’s partners-in-crime who testified for the government at the trial. Both were less than truthful initially regarding their expectations of leniency from the government in exchange for their testimony. Alii contends that the prosecutor violated his right to due process by failing promptly to bring to light the misstatements of the two witnesses. In addition, Alii seeks correction of a technical error the district court made in sentencing. We affirm Aili’s conviction but remand for resentencing.

I

Alii was convicted after a jury trial of one count of conspiracy against the United States pursuant to 18 U.S.C. § 371 . He was also convicted of four counts of making false, fictitious, and fraudulent claims upon the United States under 18 U.S.C. § 287 .

Alii and his…