U.S. v. BARSKI

No. 91-50615.

968 F.2d 936 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Frank BARSKI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1992.


Attorney(s) appearing for the Case

John Lanahan, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Melanie K. Pierson, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before: ALARCON, NORRIS, and O'SCANNLAIN, Circuit Judges.


OPINION

PER CURIAM:

Stanley Barski appeals his sentence for tax evasion on the ground that Sentencing Guideline 2T1.3(a)(1) violates due process because it creates an irrebuttable presumption that tax loss is 28 percent of unreported taxable income.1 In this case, as required by that provision, the district court calculated the tax loss by multiplying the taxable income understated — $210,894.45 — by 28 percent...

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