USA v. John D. Stanton, III, No. 13-13671 (11th Cir. 2014)

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Case: 13-13671 Date Filed: 09/22/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-13671 ________________________ D.C. Docket No. 8:12-cr-00343-VMC-AEP-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN D. STANTON, III, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (September 22, 2014) Before HULL, MARCUS and HILL, Circuit Judges. PER CURIAM: After a jury trial, John Stanton, III appeals his convictions and sentences for obstructing the administration of the internal revenue laws (Count One), 26 U.S.C. Case: 13-13671 Date Filed: 09/22/2014 Page: 2 of 2 § 7212(a) and 18 U.S.C. § 2; failing to timely file a corporate income tax return for Denouement Strategies, Inc. (Counts Two and Three) and for Florida Engineered Construction Products Corporation (Counts Four, Five, and Six), 26 U.S.C. § 7203; and failing to timely file an individual income tax return (Counts Seven and Eight), id. On appeal, Stanton raises the following issues: (1) whether sufficient evidence supported his conviction on Count One for corruptly endeavoring to impede or obstruct the administration of the internal revenue laws; (2) whether he was unconstitutionally convicted under § 7212(a) based on lawful conduct, or, alternatively, whether that statutory provision is unconstitutionally vague and overbroad; (3) whether sufficient evidence supported his convictions on Counts Four through Six for failing to file corporate tax returns; (4) whether cumulative error deprived him of a fair trial; and (5) whether the district court imposed a procedurally and substantively reasonable sentence. After review and oral argument, we conclude that all of the issues in this appeal lack merit, and thus affirm Stanton s convictions and sentences. AFFIRMED. 2