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U.S. v. DAMRA

No. 08-4540.

621 F.3d 474 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Fayez DAMRA, aka Alex Damra, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2010.

Rehearing and Rehearing En Banc Denied October 26, 2010.

Attorney(s) appearing for the Case

ARGUED: Richard L. Stoper, Jr. , Rotatori Bender Co., L.P.A., Cleveland, Ohio, for Appellant. James V. Moroney, Jr. , Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Richard L. Stoper, Jr. , J. Timothy Bender , Rotatori Bender Co., L.P.A., Cleveland, Ohio, for Appellant. James V. Moroney, Jr. , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: KEITH, BOGGS, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Fayez "Alex" Damra ("Damra") was convicted of evading corporate income tax in violation of 26 U.S.C. § 7201 and of, together with his brother, Fawaz Damra ("Fawaz"), conspiring to defraud the United States in violation of 18 U.S.C. § 371. He now appeals his conviction and sentence. We affirm Damra's conviction, but—as the district court incorrectly sentenced Damra at offense level 16 instead of level 15&...

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