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U.S. v. McKEE

Nos. 05-3297, 05-3469, 05-3357.

506 F.3d 225 (2007)

UNITED STATES of America v. Kevin McKEE, Appellant. United States of America v. Inge Donato, Appellant. United States of America v. Joseph Donato, Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 29, 2007.

As Amended November 19, 2007.

Attorney(s) appearing for the Case

Eileen J. O'Connor, Assistant Attorney General, John Hinton, III (Argued), Alan Hechtkopf, Gregory Victor Davis, Brian D. Galle, Tax Division, Department of Justice, Washington, D.C., for Appellee, United States Department of Justice.

Peter Goldberger (Argued), Pamela A. Wilk, Ardmore, PA, for Appellants, Joseph Donato and Inge Donato.

Rocco C. Cipparone, Jr., Esq., (Argued), Haddon, Heights, NJ, for Appellant, Kevin McKee.

George S. Leone, Esq., Office of United States Attorney, Newark, NJ, for Appellee, USA.

Before: SCIRICA, Chief Judge, McKEE and STAPLETON, Circuit Judges.

OPINION

McKEE, Circuit Judge.

Defendants, Kevin McKee, Joseph Donato, and Inge Donato challenge their convictions for conspiracy to obstruct a government function, failure to pay federal employment taxes, and failure to file individual income tax returns for certain years. Each defendant makes specific claims regarding his/her conviction, and they collectively challenge the jury instruction on the affirmative acts...

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