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U.S. v. KLOEHN

Nos. 06-50456, 07-50274.

620 F.3d 1122 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Garth KLOEHN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Garth Kloehn, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2010.

Attorney(s) appearing for the Case

Thomas P. O'Brien , United States Attorney; Christine C. Ewell , Assistant United States Attorney, Chief, Criminal Division; Ruth C. Pinkel , Assistant United States Attorney, Major Frauds Section; Michael J. Raphael , Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

David A. Katz , Beverly Hills, CA, for the defendant-appellant.

Opinion by Judge REINHARDT; Dissent by Judge TROTT.

OPINION

REINHARDT, Circuit Judge:

Garth Kloehn appeals from his conviction and sentence for four counts of causing tax evasion in violation of 26 U.S.C. § 7201 and 18 U.S.C. § 2. We hold that the district court abused its discretion and prejudiced Kloehn's ability to present his defense when it refused to continue the trial for two days to allow him to see his dying son. Accordingly, we reverse and remand for a new trial. We do not reach Kloehn...

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