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U.S. v. RUTHERFORD

Nos. 07-2312, 07-2313.

555 F.3d 190 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Jon RUTHERFORD (07-2312), Judith Bugaiski (07-2313), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert Cares, Assistant United States Attorney, Detroit, Michigan, for Appellant. Steven F. Fishman, Robert M. Morgan, Law Office, Detroit, Michigan, for Appellees. ON BRIEF: Robert Cares, Assistant United States Attorney, Detroit, Michigan, for Appellant. Steven F. Fishman, Robert M. Morgan, Law Office, Detroit, Michigan, for Appellees.

BOGGS, C. J., delivered the opinion of the court, in which COOK, J., joined. COLE, J. (pp. ___-___), delivered a separate concurring opinion.

OPINION

BOGGS, Chief Judge.

Defendants Jon Rutherford and Judith Bugaiski were charged with numerous tax violations and conspiracy to defraud investigators from the Internal Revenue Service (IRS). The United States appeals the district court's suppression of certain statements and documents obtained pursuant to an allegedly improper civil investigation. The IRS civil examiners who interviewed Rutherford and Bugaiski were required under an IRS manual to suspend...

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