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U.S. v. HASTINGS

No. 96-4462.

126 F.3d 310 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. James C. HASTINGS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1997.

Attorney(s) appearing for the Case

ARGUED: Karen Marie Quesnel, Tax Division, United States Department of Justice, Washington, DC, for Appellant. Thomas Kieran Maher, Rudolf & Maher, P.A., Chapel Hill, NC, for Appellee. ON BRIEF: Loretta C. Argrett, Assistant Attorney General, Robert E. Lindsay, Alan Hechtkopf, Scott A. Schumacher, Mark T. Calloway, United States Attorney, Tax Division, United States Department of Justice, Washington, DC, for Appellant. David S. Rudolf, Rudolf & Maher, P.A., Chapel Hill, NC, for Appellee.

Before MURNAGHAN, ERVIN and WILKINS, Circuit Judges.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Judge WILKINS joined.

OPINION

ERVIN, Circuit Judge:

The United States indicted James C. Hastings for failing to file several years of federal income tax returns. Three decisions made by the district court are at issue in this appeal. First, the district court ordered the government to produce discovery related to Hastings' claim that he was selectively...

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