U.S. v. CLARK

No. 07-51442.

577 F.3d 273 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Willie CLARK, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 24, 2009.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for U.S.

James Scott Sullivan (Cour-Appointed), Law Offices of J. Scott Sullivan, San Antonio, TX, for Clark.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.


PRADO, Circuit Judge:

Defendant-Appellant Willie Clark, Jr. ("Clark") appeals his convictions on multiple counts of willfully aiding and assisting the preparation of false tax returns, in violation of 26 U.S.C. § 7206(2), and presenting false claims for tax refunds, in violation of 18 U.S.C. § 287. He asserts that (1) the district court should have dismissed his indictment with prejudice for violation of the Speedy Trial Act, (2) there is insufficient evidence...

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