1. Home
  2. Browse Decisions
  3. F.3d
  4. 646 F.3d
  5. 646 F.3d 599 (2011)
 

U.S. v. McLAIN

No. 09-3292.

646 F.3d 599 (2011)

UNITED STATES of America, Appellee, v. Francis Leroy McLAIN, Appellant, Freedom Law School; We the People Foundation for Constitutional Education, Inc., Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2011.

Attorney(s) appearing for the Case

Alan Ellis, Mill Valley, CA, for appellant.

Francis Leroy McLain, FPC, Yankton, SD, pro se.

Lowell H. Becraft, Jr., Huntsville, AL, on the amicus brief for amici.

David M. Genrich, AUSA, Minneapolis, MN, for appellee.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Francis Leroy McLain was convicted of failing to account for and pay employment taxes, see 26 U.S.C. § 7202, and sentenced to 48 months imprisonment and fined $75,000. McLain appeals his conviction, the calculation of loss to the government, and his fine. We affirm McLain's conviction, but we vacate the district court's calculation of loss to the government and remand for resentencing.

I.

McLain managed Kirpal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases