United States v. Udo, No. 12-3092 (D.C. Cir. 2015)
Annotate this CaseDefendant, convicted of twenty-five counts of aiding or assisting in the filing of a false tax return, appealed his convictions. Defendant alleged that the court improperly instructed the jury and that he received ineffective assistance of counsel. The court found no error in the jury instruction regarding I.R.C. 7206(2) or prejudice from the alleged ineffectiveness. Reading the instructions as a whole, the court concluded that the district court’s instruction on good faith “substantially covered” the knowledge element that defendant requested. Therefore, the court affirmed the conviction. Because the government has conceded error in regards to the restitution order, which was improperly calculated, the court remanded for reconsideration of that aspect of defendant's sentence.
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