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U.S. v. SMITH

Nos. 03-10548, 03-10604.

424 F.3d 992 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. David L. SMITH, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Herbert A. Bates, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 31, 2005.

Resubmitted September 2, 2005.

Filed September 13, 2005.

Attorney(s) appearing for the Case

John Balazs, Sacramento, CA, for defendant-appellant Smith.

Victor S. Haltom, Sacramento, CA, for defendant-appellant Bates.

Samantha S. Spangler, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.

Before: KLEINFELD, HAWKINS, and GRABER, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Defendants David Larry Smith ("Smith") and Herbert Arthur Bates ("Bates") appeal their convictions on multiple counts of tax fraud, mail and wire fraud, money laundering, and conspiracy, as well as their sentences. Defendants challenge: (1) arraignment by a magistrate judge, (2) multiplicity of the indictment resulting in a multiplicitous sentence on the three conspiracy counts, (3) an indictment passed on by grand jurors not questioned...

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