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U.S. v. ANDRA

No. 99-30296.

218 F.3d 1106 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marc D. ANDRA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2000.

Attorney(s) appearing for the Case

John P. Rhodes, Assistant Federal Defender, Federal Defenders of Montana, Missoula, Montana, for the defendant-appellant.

Robert E. Lindsay, United States Department of Justice, Washington, D.C., for plaintiff-appellee.

Before: REAVLEY, O'SCANNLAIN and GOULD, Circuit Judges.

REAVLEY, Circuit Judge:

Marc D. Andra appeals his sentence after a guilty plea to conspiracy to defraud the United States and corrupt intimidation of and interference with IRS agents. Because the tax loss calculation improperly included some penalties and interest, we remand for re-sentencing. Otherwise we affirm.

Andra argues that the district court erred in calculating the tax loss for Andra's 1994 income, when...

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