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U.S. v. KELLOGG

No. 90-50522.

955 F.2d 1244 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur C. KELLOGG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1992.

Attorney(s) appearing for the Case

Barry O. Bernstein, Law Offices of A. Brent Carruth, Woodland Hills, Cal., for defendant-appellant.

Elana Shavit Artson, Asst. U.S. Atty., Santa Ana, Cal., for plaintiff-appellee.

Before FARRIS, NOONAN and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Arthur C. Kellogg appeals his conviction and sentence for mail fraud, in violation of 18 U.S.C. § 1341 (1988), and aiding the preparation of false tax returns, in violation of 26 U.S.C. § 7206(2) (1988). He claims: (1) there was insufficient evidence to support his conviction; (2) the court improperly conducted ex parte communications with the prosecutor; and (3) his right of allocution was violated. With respect to his first claim...

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