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U.S. v. TOMKO

No. 05-4997.

498 F.3d 157 (2007)

UNITED STATES of America, Appellant v. William TOMKO.

United States Court of Appeals, Third Circuit.

Filed: August 20, 2007.

Attorney(s) appearing for the Case

Alan Hechtkopf, S. Robert Lyons, (Argued), United States Department of Justice, Tax Division, Washington, DC Attorneys for Appellant.

J. Alan Johnson, Cynthia R. Eddy, (Argued), Johnson & Eddy, Pittsburgh, PA, Attorneys for Appellee.

Before: SMITH, FISHER and COWEN, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

The Government appeals from a judgment of sentence imposed on William Tomko, Jr., who pleaded guilty to a fraudulent scheme to evade personal income taxes. Tomko's fraudulent scheme resulted in a tax deficiency of more than $225,000. The District Court imposed a below-Guidelines sentence consisting of 250 hours of community service, three years of probation (including one year of house arrest), and a

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