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U.S. v. CLIFTON

No. 96-5018.

127 F.3d 969 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Darrell CLIFTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 17, 1997.

Attorney(s) appearing for the Case

John D. Russell, Assistant United States Attorney (Stephen C. Lewis, United States Attorney, with him on brief), Tulsa, OK, for Plaintiff-Appellee.

Craig Bryant, Assistant Federal Public Defender (Stephen J. Knorr, Federal Public Defender, with him on the brief), Tulsa, OK, for Defendant-Appellant.

Before BALDOCK, KELLY, and BRISCOE, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Darrell Clifton underreported his taxable income for the years 1988-90. A jury convicted Defendant on three counts of subscribing to materially false income tax returns, in violation of 26 U.S.C. § 7206(1). Rather than submitting the element of materiality to the jury as United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995) required, the district court decided the...

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