U.S. v. RICE

No. 94-2154.

52 F.3d 843 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry V. RICE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 1995.


Attorney(s) appearing for the Case

Peter Schoenburg of Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Albuquerque, NM, for defendant-appellant.

Paula G. Burnett, Asst. U.S. Atty. (John J. Kelly, U.S. Atty., with her on the briefs), Albuquerque, NM, for plaintiff-appellee.

Before MOORE, ALDISERT, and BALDOCK, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Jerry Rice was convicted of two counts of making a false claim for an income tax refund in violation of 18 U.S.C. § 287 and three counts of making and subscribing a false income tax return in violation of 26 U.S.C. § 7206(1). Although Mr. Rice presents several matters for review, we affirm on the substantive issues but remand for resentencing.

According to the government, Mr. Rice, a certified public accountant, was...

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