United States v. Deleon, No. 11-2150 (1st Cir. 2013)Annotate this Case
After a jury trial, Defendant was found guilty of having, among other things, engaged in a scheme to conceal and avoid her company's employment tax liability. The district court determined that Defendant was responsible for approximately $1.2 million in tax losses. Defendant was sentenced to eighty-seven months incarceration. The First Circuit Court of Appeals affirmed Defendant's conviction and sentence, holding (1) Defendant waived her argument that the district court erred by submitting a set of summary charts to the jury; (2) the district court did not err by adopting the government's calculation of the tax losses for which Defendant should be held responsible as a result of her fraudulent payroll scheme; and (3) the district court did not plainly err by failing to inquire specifically as to whether Defendant had reviewed the presentence report (PSR) with her attorney because the evidence showed Defendant reviewed the PSR with her sentencing counsel.