United States v. Bolton, No. 17-60502 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed Defendant Charles Bolton and Linda Bolton's convictions and sentences for various counts of attempted tax evasion and filing false tax returns. The court held that Charles failed to show plain error with respect to the sufficiency of the indictments for tax evasion and filing false tax returns; the evidence was sufficient to support the jury's verdicts of guilt against both defendants; claims of Brady violations were rejected; the district court's admission of hearsay statements was invited error by both sets of defense counsel, but the error did not rise to the level of manifest injustice and defendants have waived their Confrontation Clause rights under United States v. Ceballos, 789 F.3d 607, 616 (5th Cir. 2015); claims of prosecutorial misconduct rejected; there was no plain error in the jury instructions; the district court properly calculated the loss amount; and defendants' sentences were substantively reasonable and not otherwise defective. The court modified the district court's judgment to show that the restitution owed by the Boltons does not become due until they begin their terms of supervised release.