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U.S. v. MEHTA

No. 08-4489.

594 F.3d 277 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jiten D. MEHTA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 5, 2010.

Attorney(s) appearing for the Case

ARGUED: David Schertler, Schertler & Onorato, LLP, Washington, D.C., for Appellant. David Ira Salem, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Lisa A. Fishberg, Schertler & Onorato, LLP, Washington, D.C., for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge SHEDD wrote Parts I and II.A. of the opinion, in which Judge GREGORY and Judge DUNCAN concurred. Judge DUNCAN wrote Part II.B. of the opinion, in which Judge GREGORY concurred. Judge SHEDD wrote separately on Part II.B. and concurred in the judgment.

OPINION

SHEDD, Circuit Judge:

Jiten Mehta appeals his conviction and sentence for 16 counts of aiding and assisting in the preparation of false tax returns in violation of 26 U.S.C. § 7206(2) and 17 counts of wire fraud in violation of 18 U.S.C. § 1343. Mehta contends that the district court erred in (1) denying his motion for judgment of acquittal on the wire fraud counts; (2) denying his motion for a subpoena under Federal Rules of Criminal Procedure...

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