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U.S. v. FARNSWORTH

No. 06-1425.

456 F.3d 394 (2006)

UNITED STATES of America, Appellant v. Arthur L. FARNSWORTH.

United States Court of Appeals, Third Circuit.

Filed August 8, 2006.

Attorney(s) appearing for the Case

Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Ara B. Gershengorn, (Argued), Amy L. Kurland, Assistant United States Attorneys, Office of the United States Attorney, Philadelphia, PA, for Appellant.

Peter Goldberger, (Argued), Pamela A. Wilk, Law Office of Peter Goldberger, Ardmore, PA, for Appellee.

Before AMBRO and FUENTES, Circuit Judges, and IRENAS, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge.

On the morning that Arthur L. Farnsworth's trial for tax evasion was scheduled to begin, the District Court announced its intention to give a jury instruction that the Government strongly opposed. When the District Court declined to reconsider its ruling, the Government immediately appealed and obtained a stay of the proceedings after a jury was selected but before it was sworn. The Government urges us to reverse...

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