U.S. v. OLBRES

Nos. 96-1021, 96-1022.

99 F.3d 28 (1996)

UNITED STATES of America, Appellee, v. Anthony G. OLBRES and Shirley A. Olbres, Appellants.

United States Court of Appeals, First Circuit.

Decided November 1, 1996.


Attorney(s) appearing for the Case

Gregory G. Katsas, with whom John B. Nalbandian, Jones, Day, Reavis & Pogue, Washington, DC, Scott P. Lopez, Terry Philip Segal, Segal & Feinberg, Boston, MA, Steven M. Gordon, and Shaheen & Gordon, Concord, NH, were on brief, for appellants.

Karen Quesnel, Attorney, Tax Division, Department of Justice, with whom Loretta C. Argrett, Assistant Attorney General, and Robert E. Lindsay and Alan Hechtkopf, Attorneys, Tax Division, Department of Justice, Washington, DC, were on brief, for appellee.

Before SELYA, CYR and LYNCH, Circuit Judges.


LYNCH, Circuit Judge.

This tax evasion case raises two sentencing issues, one of import to tax cases and one of larger import. We hold that a sentence in a tax evasion case must be predicated on findings as to amounts that the government has proven were willfully evaded and that it is unlikely the requisite findings were made here. We also hold that there is no categorical imperative prohibiting the very consideration of whether a case is so unusual as to warrant...

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