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U.S. v. PENSYL

No. 03-4468.

387 F.3d 456 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jon Clark PENSYL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 15, 2004.

Attorney(s) appearing for the Case

ARGUED: Patrick S. Sampair, Phoenix, Arizona, for Appellant. Brian Galle, Tax Division, Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Patrick S. Sampair, Phoenix, Arizona, for Appellant. Brian Galle, Alan Hechtkopf, Robert E. Lindsay, Tax Division, Department of Justice, Washington, D.C., for Appellee.

Before: KENNEDY and COOK, Circuit Judges; HOOD, District Judge.

KENNEDY, Circuit Judge.

Defendant Jon Pensyl appeals his conviction and sentence arguing that the district court erred in its instructions to the jury when it allowed them to consider the reasonableness of Pensyl's beliefs in their deliberations on willfulness. Defendant also objects to a portion of the jury instructions that he claims confused the jury. The instructions in question established good faith as a defense to the crime of tax evasion while simultaneously...

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