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U.S. v. MONTGOMERY

No. 12-20741.

747 F.3d 303 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. David A. MONTGOMERY; Bridget M. Montgomery, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 28, 2014.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell , Assistant U.S. Attorney, Charles Joseph Escher , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Richard B. Kuniansky , Kuniansky & Associates, Houston, TX, for Defendants-Appellants.

Before JONES, ELROD, and HAYNES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Following a jury trial, defendants David and Bridget Montgomery, husband and wife, were convicted of conspiracy to avoid federal income tax and of filing false tax returns. The Montgomerys argue on appeal that the district court incorrectly instructed the jury on the willfulness element of the charged tax offenses and incorrectly calculated the total tax loss resulting from the offenses. There being no reversible error, we AFFIRM...

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