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U.S. v. SABINO

Nos. 99-3745, 99-3785, 99-3786 and 99-3863.

274 F.3d 1053 (2001)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Joe SABINO; Daniel K. Stewart; Donna G. Stewart, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 19, 2001.

Attorney(s) appearing for the Case

Robert E. Lindsay (briefed), Alan Hechtkopf (briefed), Gregory V. Davis (argued and briefed), U.S. Department of Justice, Appellate Section Tax Division, Washington, DC, for Plaintiff-Appellee/Cross-Appellant.

Richard John Donovan (argued and briefed), Richard J. Donovan & Associates, Columbus, OH, for Defendant-Appellant/Cross-Appellee in Nos. 99-3745, 99-3863.

Charles E. McFarland (argued and briefed), Campbellsburg, KY, for Defendants-Appellants/Cross-Appellees in Nos. 99-3785, 99-3786 and 99-3863.

Before: DAUGHTREY and GILMAN, Circuit Judges; COHN, Senior District Judge.

OPINION

COHN, Senior District Judge.

Defendants Daniel Stewart (Mr. Stewart), Donna Stewart (Mrs. Stewart), and Joe Sabino (Sabino) (collectively the defendants) were convicted of conspiracy to defraud the United States by obstructing the functions of the United States Internal Revenue Service in violation of 18 U.S.C. § 371. The Stewarts were also convicted of tax evasion in violation of 26 U.S.C. § 7201.

The Stewarts appeal their convictions...

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