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U.S. v. HARVEY

Nos. 89-1124, 89-1125.

900 F.2d 1253 (1990)

UNITED STATES of America, Appellant/Cross-Appellee, v. Jerry Lee HARVEY, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1990.

Attorney(s) appearing for the Case

Michael K. Fagan, St. Louis, Mo., for appellant/cross-appellee.

James D. McMaster, Coral Gables, Fla., for appellee/cross-appellant.

Before ARNOLD and BEAM, Circuit Judges, and HENLEY, Senior Circuit Judge.

ARNOLD, Circuit Judge.

Jerry Lee Harvey was convicted of one count of conspiracy to impede the Internal Revenue Service's collection of income taxes. Harvey received a five-year prison sentence and a $10,000 fine, the maximum penalty for violation of 18 U.S.C. § 371. The United States sought a lengthier sentence under the dangerous-special-offender (DSO) sentencing provisions, 18 U.S.C. § 3575, but the District Court dismissed the government's DSO notice...

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