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U.S. v. McLAIN

No. 11-3402.

709 F.3d 1198 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Francis Leroy McLAIN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2013.

Attorney(s) appearing for the Case

Allan Ellis , Roger Isaac Roots, Hawkins, TX, on the brief, for appellant.

Michael L. Cheever , USA, Minneapolis, MN, for appellee.

Before BYE, MELLOY, and SMITH, Circuit Judges.

MELLOY, Circuit Judge.

Francis Leroy McLain was convicted for failing to account for and pay employment taxes in violation of 26 U.S.C § 7202. He initially was sentenced to 48 months' imprisonment and fined $75,000. In a first appeal, we affirmed his conviction but vacated his sentence and remanded for resentencing on the existing record. United States v. McLain, 646 F.3d 599 (8th Cir. 2011). We held that additional findings...

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