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U.S. v. UTECHT

No. 00-2285

238 F.3d 882 (2001)

United States of America, Plaintiff-Appellee, v. Kenneth L. Utecht, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 2001

Attorney(s) appearing for the Case

Stephen P. Sinnott (Argued), Peggy A. Lautenschlager, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Katherine Stadler (Argued), Foley & Lardner, Madison, WI, Frank M. Tuerkheimer, Lafollette, Godfrey & Kahn, Madison, WI, for Defendant-Appellant.

Before FLAUM, Chief Judge, and RIPPLE and EVANS, Circuit Judges.

FLAUM, Chief Judge.

Kenneth L. Utecht claims the district court erred in denying his motion to dismiss the indictment or suppress evidence because the Internal Revenue Service ("IRS") used its civil summons power after it decided to recommend that criminal charges be brought against him. He also contends that he should have been permitted to conduct discovery on this issue. In addition, Utecht challenges the calculation of his sentence, arguing that certain enhancements...

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