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U.S. v. JIRAK

No. 12-3436.

728 F.3d 806 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Gene JIRAK, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2013.

Rehearing and Rehearing En Banc Denied October 2, 2013.

Attorney(s) appearing for the Case

Max Samuel Wolson , FPD, argued, Sioux City, IA ( JoAnne M. Lilledahl , AFPD, Cedar Rapids, IA, on the brief), for Appellant.

Charles J. Williams , AUSA, argued, Cedar Rapids, IA ( Teresa Baumann , USA, Cedar Rapids, IA, on the brief) for Appellee.

Before SHEPHERD, BEAM, and MELLOY, Circuit Judges.

BEAM, Circuit Judge.

Gene Jirak was convicted on five counts: (1) making a false claim for a tax refund on January 9, 2009; (2) making a false claim for a tax refund on March 27, 2009; (3) uttering a forged treasury check on March 9, 2009; (4) mail fraud in January 2009; and (5) aggravated identity theft on January 9, 2009. He appeals his conviction on multiple grounds. Having jurisdiction under 28 U.S.C. § 1291, we affirm the district court

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