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U.S. v. GOLDSMITH

No. 06-2965.

486 F.3d 404 (2007)

UNITED STATES of America, Appellee, v. Scott Kimrey GOLDSMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 18, 2007.

Attorney(s) appearing for the Case

Douglas B. Altman, argued, Minneapolis, MN, for appellant.

Michael L. Cheever, Asst. U.S. Atty., argued, Minneapolis, MN, for appellee.

Before RILEY, MELLOY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Scott Kimrey Goldsmith pled nolo contendere to twelve charges of failing to pay over withheld taxes and four charges of failing to file individual income tax returns. See 26 U.S.C. §§ 7202, 7203. The district court1 sentenced Goldsmith to thirty-three months imprisonment. In two issues on appeal, Goldsmith contends that the district court (1) refused to depart downward on the basis of Goldsmith...

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