Anderson

United States v. Anderson

Good Law
94 F. App'x 487
United States Court of Appeals for the Ninth CircuitMarch 23, 2004Nos. 03-30018, 03-30054, 03-30063, 03-30055, 03-30062, 03-30056, 03-30060, 03-30057, 03-30061; D.C. Nos. CR-00-00539-KI-04, CR-00-00539-2-KI, CR-00-00539-7-KI, CR-00-00539-3-KI, CR-00-00539-1-KICalifornia1,801 words

Opinion

Lead Opinion

MEMORANDUM **

In this consolidated appeal from a joint criminal trial, defendants Anderson, Richard Flowers, Dorothy Flowers, Weakley, and Kirkham all raise challenges to convictions for conspiracy to defraud the government under 18 U.S.C. § 371 . Richard Flowers also challenges his conviction for willful failure to file a tax return under 26 U.S.C. § 7203 , and Kirkham and Anderson challenge their convictions for tax evasion under 26 U.S.C. § 7201 . In addition, Richard Flowers and Dorothy Flowers challenge the district court’s calculation of tax loss for sentencing purposes.- The government has cross-appealed, claiming that the district court erred in calculating the sentences of Richard Flowers, Dorothy Flowers, Weakley, and Kirkham.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the convictions of all defendants. Based on the government’s cross-appeals, we vacate and remand the sentences of Richard Flowers, Dorothy Flowers, and Weakley, but not Kirkham, to the district court for further consideration.

I.

The district court did not err in giving the supplemental jury instruction. As defendants concede, the supplemental instruction correctly stated the law in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.