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U.S. v. ELLEFSEN

Nos. 10-2857, 10-2858.

655 F.3d 769 (2011)

UNITED STATES of America, Appellee, v. Brian Keith ELLEFSEN, Appellant. United States of America, Appellee, v. Mark Edward Ellefsen, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2011.

Attorney(s) appearing for the Case

Edward L. Dowd, Jr. , Dowd Bennett LLP, St. Louis, MO, argued, for appellants Brian and Mark Ellefsen ( Thomas S. Rea , Dowd Bennett LLP, St. Louis, MO, on the brief, for appellant Brian Ellefsen, Barry A. Short, Evan Z. Reid, Lewis, Rice & Fingersh, L.C., St. Louis, MO, on the brief, for appellant Mark Ellefsen).

Philip M. Koppe , Asst. U.S. Atty., Kansas City, MO, argued ( Beth Phillips , U.S. Atty., Kansas City, MO, Steven M. Mohlhenrich , Asst. U.S. Atty., Springfield, MO, Michael C. Boteler , Tax Div., U.S. Dept. of Justice, Washington, DC, on the brief), for appellee.

Before WOLLMAN and MELLOY, Circuit Judges, and MILLER, District Judge.

WOLLMAN, Circuit Judge.

Brian Keith Ellefsen and Mark Edward Ellefsen were convicted of conspiracy to defraud the United States, in violation of 18 U.S.C. § 371, by obstructing the Internal Revenue Service (IRS) in the assessment and collection of federal taxes.2 Brian was also convicted of three counts of filing false income tax returns, in violation of 26 U.S.C. § 7206(1), while Mark was convicted of three counts of aiding...

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