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U.S. v. HEARD

No. 11-20323.

709 F.3d 413 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. John Fluellen HEARD, Jr.; Gary Lee Lambert, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 18, 2013.

Attorney(s) appearing for the Case

Frank Phillip Cihlar , Senior Counsel, Gregory Victor Davis , Elissa Righter Hart-Mahan , U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Jack Benjamin Zimmermann , Megan Elizabeth Smith , Terri Raye Zimmermann , Zimmermann, Lavine, Zimmermann & Sampson, P.C., Rosa Alexander Eliades , Eliades Law, P.L.L.C., Houston, TX, for Defendants-Appellants.

Before DAVIS, OWEN, and SOUTHWICK, Circuit Judges.

OWEN, Circuit Judge:

Appellees John Fluellen Heard, Jr. and Gary Lee Lambert were convicted of conspiracy to defraud the United States by failing to pay and impeding the IRS's collection of employment taxes. Heard was also convicted of two counts of tax evasion, one count of bribery of a public official, one count of willfully making and subscribing to a false return, and one count of corrupt interference with internal revenue laws. Both raise a number of challenges...

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