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U.S. v. KIENENBERGER

Nos. 92-30382, 93-30048.

13 F.3d 1354 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas Dale KIENENBERGER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Douglas Dale KIENENBERGER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1994.

Attorney(s) appearing for the Case

Allison E. Mendel, Mendel & Huntington, Anchorage, AK, for defendant-appellant/cross-appellee.

Robert E. Lindsay, Alan Hechtkopf, Scott A. Schumacher, Tax Div., Dept. of Justice, Washington, DC, for plaintiff-appellee/cross-appellant.

Before: TANG, FARRIS and RYMER, Circuit Judges.

FARRIS, Circuit Judge:

Defendant Douglas Kienenberger appeals his convictions on five counts of willfully attempting to evade federal income taxes in violation of 26 U.S.C. § 7201 and seven counts of falsely representing a social security number in violation of 42 U.S.C. § 408(a)(2). The government cross-appeals, arguing that the district court erred in its application of the Sentencing Guidelines by not including "tax loss" from pre-Guidelines years when...

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