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U.S. v. SULLIVAN

No. 00-8012.

255 F.3d 1256 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Johnnie C. SULLIVAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 11, 2001.

Attorney(s) appearing for the Case

Jill M. Wichlens, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender with her on the briefs), Denver, Colorado, appearing for Defendant-Appellant.

Meghan S. Skelton (Alan Hechtkopf with her on the briefs), Tax Division, Department of Justice, Washington, D.C., appearing for Plaintiff-Appellee.

Before KELLY, ANDERSON, and BRISCOE, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Johnnie Sullivan was convicted following a jury trial on three counts of willful failure to file a tax return, in violation of 26 U.S.C. § 7203. He was sentenced on all three counts pursuant to the Sentencing Guidelines in effect at the time of sentencing, although the applicable tax offense guidelines had been amended after Mr. Sullivan had committed two of the three counts of willful...

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