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U.S. v. BOULWARE

Nos. 02-10287, 02-10338.

384 F.3d 794 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Michael H. BOULWARE, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Michael H. Boulware, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2004.

Attorney(s) appearing for the Case

Robert J. Waters, Santa Monica, CA, Dennis E.W. O'Connor, Honolulu, HI, for the defendant-appellant and cross-appellee.

Karen M. Quesnel, Tax Division, U.S. Department of Justice, Washington, DC, for the plaintiff-appellee and cross-appellant.

Before TASHIMA, THOMAS, and SILVERMAN, Circuit Judges.

Opinion by Judge TASHIMA; Dissent by Judge SILVERMAN.

TASHIMA, Circuit Judge.

Michael H. Boulware appeals from his conviction, after trial by jury, on five counts of filing false tax returns, four counts of tax evasion, and one count of conspiracy to make false statements to a federally-insured financial institution. He contends that all of his convictions must be reversed because the government failed to meet its burden of proof on the tax counts, constructively...

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