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U.S. v. BISHOP

Nos. 01-50195, 01-50266.

291 F.3d 1100 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jay R. BISHOP, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Gene R. Cardenaz, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2002.

Attorney(s) appearing for the Case

Gerald T. McFadden, San Diego, CA, for defendant-appellant Bishop. Christopher R.J. Pace, Cooley Godward LLP, San Diego, CA, for defendant-appellant Cardenaz.

Robert E. Lindsay, Gregory Victor Davis, Tax Division, Department of Justice, Washington, DC, for the plaintiff-appellee.

Before: GOODWIN, PREGERSON and TROTT, Circuit Judges.

GOODWIN, Circuit Judge:

Jay Bishop and Gene Cardenaz (collectively "appellants") appeal their convictions and sentences for one count of conspiring to defraud the Internal Revenue Service (IRS), in violation of 18 U.S.C. § 371, and two counts each of attempted income tax evasion, in violation of 26 U.S.C. § 7201. We affirm.

The main issue at trial, and on appeal, is whether the appellants' conduct was willful. Each argues (1) that the district court...

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