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U.S. v. BRINKWORTH

No. 569, Docket 95-1272.

68 F.3d 633 (1995)

UNITED STATES of America, Appellee, v. Kevin BRINKWORTH, Defendant-Appellant, Elizabeth Brinkworth, Richard Brinkworth, Dennis Brinkworth, Kathryn Kinsman, Jeffrey Davis and John Edwards, Defendants.

United States Court of Appeals, Second Circuit.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Stephen L. Braga, Washington, DC (Michael J. Barta, Miller, Cassidy, Larroca & Lewin, of counsel), for Defendant-Appellant.

Kathleen M. Mehltretter, Assistant United States Attorney, Buffalo, NY (Patrick H. NeMoyer, United States Attorney, of counsel), for Appellee.

Before: OAKES, MINER and MAHONEY, Circuit Judges.

OAKES, Senior Circuit Judge:

Appellant Kevin Brinkworth pleaded guilty to one count of falsifying tax returns in violation of 26 U.S.C. § 7206 (1988), and was sentenced to 14 months' incarceration. The guilty plea was entered before Judge Richard Arcara, Western District of New York, and sentence was imposed by Chief Judge Michael Telesca of that district.

Brinkworth raises two issues in this appeal. First, he contends that Judge Arcara erroneously failed...

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