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U.S. v. MAY

No. 07-3465.

568 F.3d 597 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Mark W. MAY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant. S. Robert Lyons, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Kevin M. Schad, Schad & Schad, Lebanon, Ohio, for Appellant. S. Robert Lyons, Alan Hechtkopf, United States Department of Justice, Washington, D.C., for Appellee.

Before: COLE and GIBBONS, Circuit Judges; BELL, District Judge.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant Mark W. May appeals for the second time the sentence imposed by the district court upon his jury conviction for willfully evading his personal income tax liability, in violation of 26 U.S.C. § 7201, and failing to account for and pay over payroll taxes, in violation of 26 U.S.C. § 7202. The Bureau of Prisons released May on December 15, 2008; however, we find that his appeal is not moot. We...

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