United States v. Hunter, No. 16-3248 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction and 70 month sentence for convictions related to his involvement in a conspiracy to file false income tax returns. The court held that the evidence permitted a reasonable jury to find, based on defendant's admissions and substantial circumstantial evidence, that the government provided a single conspiracy consisting of defendant and other tax-preparer conspirators who enlisted filer conspirators to carry out their multiple fraudulent transactions. The court also held that the admission into evidence of exhibits that recited the IP addresses used to file the false tax returns was not an abuse of the district court's discretion; defendant's argument that the district court erred in imposing loss amount and role-in-the-offense sentencing guideline enhancements because a jury did not make the underlying fact findings was foreclosed by circuit precedent; his double counting argument was unintelligible; and the district court did not abuse its discretion in denying a motion for a new trial based on ineffective assistance of counsel.
Court Description: Loken, Author, with Murphy and Benton, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to show a single conspiracy consisting of defendant and other tax-preparer conspirators who enlisted filer conspirators to carry out their multiple fraudulent transactions; admission of exhibits reciting IP addressed used to file the false tax returns was not an abuse of the district court's discretion; district court could impose loss amount and role-in-the-offense sentencing guidelines enhancements without a jury finding because the findings did not increase the statutory maximum or mandatory minimum; no error in denying motion for new trial based on ineffective assistance of counsel claim [ July 06, 2017
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