U.S. v. DEHLINGER

No. 12-7121.

740 F.3d 315 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Erik DEHLINGER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2014.


Attorney(s) appearing for the Case

ARGUED: Michael Louis Minns , The Minns Law Firm, Houston, Texas, for Appellant. Kevin C. Lombardi , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Ashley Blair Arnett , The Minns Law Firm, Houston, Texas; Jack Bruce Swerling , Jack Swerling Law Office, Columbia, South Carolina, for Appellant. William N. Nettles , United States Attorney, Office of the United States Attorney, Columbia, South Carolina; Kathryn Keneally , Assistant Attorney General, Frank P. Cihlar , Gregory Victor Davis , Tax Division, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge DAVIS joined. Judge GREGORY wrote a separate opinion concurring in the judgment.


DIANA GRIBBON MOTZ, Circuit Judge:

A jury convicted Dr. Erik Dehlinger of three counts of filing false income tax returns. He received a sentence of forty-two months imprisonment and one year of supervised release and was ordered to pay $363,207 in restitution and a fine of $5,000. Dehlinger appealed his conviction and sentence, and we affirmed. Dehlinger then moved for habeas relief, asserting that his trial counsel had labored under a prejudicial conflict of interest...

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