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U.S. v. EASTERDAY

No. 07-10347.

539 F.3d 1176 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jack E. EASTERDAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2008.

Attorney(s) appearing for the Case

Gregory V. Davis, Washington, DC, for plaintiff-appellee United States of America.

Dennis P. Riordan, San Francisco, CA, for defendant-appellant Jack E. Easterday.

Before: MARY M. SCHROEDER and N. RANDY SMITH, Circuit Judges, and VALERIE BAKER FAIRBANK, District Judge.

SCHROEDER, Circuit Judge:

This case illustrates the enduring truth of Ben Franklin's sage observation that "nothing is certain but death and taxes." It is an appeal from a conviction for willful failure to pay over employee payroll taxes, in violation of 26 U.S.C. § 7202. The defendant-appellant, Jack Easterday, sought an "ability to pay instruction" in order to contend to the jury that his failure to pay over the taxes he owed was not "willful," because he had...

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