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KEY v. UNITED STATES

No. 86-2010.

806 F.2d 133 (1986)

Bobby J. KEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 1986.

Rehearing Denied January 30, 1987.

Attorney(s) appearing for the Case

Dennis L. Thomas, Jr., Bookwalter & Thomas, Indianapolis, Ind., for petition-appellant.

Robert C. Perry, Asst. U.S. Atty., Indianapolis, Ind., for respondent-appellee.

Before POSNER and FLAUM, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FLAUM, Circuit Judge.

Petitioner Bobby J. Key filed a section 2255 motion in federal district court asking that his conviction of conspiracy to defraud the United States Government be set aside. Key claims that the United States Attorney breached the plea agreement because the I.R.S. later filed a jeopardy assessment, that permitted the I.R.S. to assess and collect the tax immediately without the usual formalities. Key alleges...

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