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U.S. v. BRAGG

No. 08-10221.

582 F.3d 965 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Randy L. BRAGG, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted September 17, 2009.

Filed September 23, 2009.

Attorney(s) appearing for the Case

Mark Determan, Washington, D.C., for the plaintiff-appellant.

Anthony E. Colombo, San Diego, CA, for the defendant-appellee.

Opinion by Judge NOONAN; Dissent by Judge N. SMITH.

NOONAN, Circuit Judge:

The United States appeals the sentence imposed on Randy L. Bragg after he pled guilty to two counts of filing false quarterly employment tax returns in violation of 26 U.S.C. § 7206(1). We hold that the district judge failed to explain adequately the sentence he imposed. Accordingly, we vacate the sentence and remand with directions that the court explain its sentence adequately.

FACTS

In 1999, Bragg formed Consolidated...

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