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U.S. v. KASSOUF

No. 96-4381.

144 F.3d 952 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. James J. KASSOUF, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 21, 1998.

Attorney(s) appearing for the Case

John M. Siegel (argued and briefed), Office of U.S. Attorney, Cleveland, OH, for Plaintiff-Appellant.

Richard L. Stoper, Jr. (argued and briefed), Robert J. Rotatori (briefed), Gold, Rotatori, Schwartz & Gibbons, Cleveland, OH, for Defendant-Appellee.

Before: JONES, DAUGHTREY, and COLE, Circuit Judges.

JONES, J., delivered the opinion of the court, in which COLE, J., joined.

DAUGHTREY, J. (pp. 960-961), delivered a separate opinion concurring in part and dissenting in part.

OPINION

NATHANIEL R. JONES, Circuit Judge.

The government appeals the district court's judgment dismissing one count of obstruction of the tax laws in violation of 26 U.S.C. § 7212(a), for failure to allege an offense. The district court found that the statute required...

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