U.S. v. GEORGE

No. 05-1506.

448 F.3d 96 (2006)

UNITED STATES of America, Appellee, v. Daniel H. GEORGE, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 24, 2006.


Attorney(s) appearing for the Case

John J.E. Markham, II, with whom Markham & Read was on brief, for appellant.

Michael J. Pineault, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney was on brief, for appellee.

Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.


HOWARD, Circuit Judge.

Daniel H. George, Jr., was convicted of four counts of tax evasion, see 26 U.S.C. § 7201, and sentenced to thirty months' imprisonment. George says the district court plainly erred in failing to instruct the jury on an obvious (but unargued) defense theory. He also challenges the denial of his motion for a new trial. We affirm.

I.

George is a self-taught chemist who operated a nutritional supplement business out...

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