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U.S. v. SCHILLING

Nos. 96-4160, 96-4161.

142 F.3d 388 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John T. SCHILLING and Robert J. Schilling, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1998.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (argued), Office of the United States Attorney, Dyer, IN, for Plaintiff-Appellee.

Nick J. Thiros (argued), Cohen & Thiros, Merrillville, IN, for Defendant-Appellant.

Before POSNER, Chief Judge, and COFFEY and EASTERBROOK, Circuit Judges.

COFFEY, Circuit Judge.

Brothers John and Robert Schilling appeal the trial court's decision that the Government did not breach the plea agreement.

In the Plea Agreement, the Schillings agreed to plead guilty to a conspiracy to defraud the U.S. Treasury Department ("Treasury") and admitted intentionally failing to report the sale of 300,000 gallons of diesel fuel from their company's federal excise tax returns for the period from January 1987 through December...

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