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U.S. v. PACE

No. 01-10458.

301 F.3d 1034 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Don H. PACE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2002.

Attorney(s) appearing for the Case

Bruce R. Heurlin, Karp, Heurlin & Weiss, Tucson, AZ, for the defendant-appellant.

Christina M. Cabanillas, Assistant U.S. Attorney, Tucson, AZ, for plaintiff-appellee.

Before GOODWIN, HAWKINS and FISHER, Circuit Judges.

OPINION

GOODWIN, Circuit Judge:

Don Pace appeals his conviction and sentence for two counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of subscribing a false tax return, in violation of 26 U.S.C. § 7206(1). The main issue on appeal is whether venue existed in the District of Arizona. For the reasons that follow, we reverse Pace's wire fraud convictions but affirm his conviction for subscribing a false tax return.

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