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U.S. v. RIGAS

No. 08-3218.

605 F.3d 194 (2010)

UNITED STATES of America, v. John J. RIGAS; Timothy J. Rigas, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 12, 2010.

Attorney(s) appearing for the Case

Lawrence G. McMichael, Esq., (Argued), Matthew P. Faranda-Diedrich, Esq., Patrick M. Northen, Esq., Dilworth Paxson, Philadelphia, PA, Joseph U. Metz, Esq., Dilworth Paxson, Harrisburg, PA, for Appellants.

Alan Hechtkopf, Esq., Alexander P. Robbins, Esq., (Argued), United States Department of Justice, Washington, DC, George J. Rocktashel, Esq., Office of United States Attorney, Williamsport, PA, for Appellees.

Before: McKEE, Chief Judge, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge, with whom McKEE, Chief Judge, and BARRY, AMBRO, SMITH, FISHER, and JORDAN, Circuit Judges, join:

Defendants John and Timothy Rigas (the "Rigases") seek to prevent their federal trial in Pennsylvania for conspiracy to defraud the United States, in violation of 18 U.S.C. § 371, and for substantive tax evasion violations.1 The Rigases, who were convicted of conspiracy under the same...

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