United States Tenth Circuit

An inmate's conviction and sentence for conspiracy to defraud the United States, and aiding and abetting the preparation of false tax returns, is affirmed over claims that the district court erred by: 1) failing to dismiss the case due to violations of the Interstate Agreement on Detainers Act; 2) refusing to sever his trial from that of a co-defendant; 3) allowing the jury verdict to stand despite insufficient evidence to support the conspiracy conviction and, relatedly, contributing to jury confusion by improperly instructing them on the conspiracy count; and 4) violating the Double Jeopardy Clause while imposing consecutive sentences for different crimes that were supported by the same evidence.

Appellate Information

• Decided 01/11/2007
• Published 01/12/2007

Judges

• TYMKOVICH, Circuit Judge., Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Marci A. Gilligan, Richilano & Gilligan, P.C., Denver, CO, (Patrick L. Ridley and Robert T. Fishman, Ridley McGreevy Weisz P.C., Denver, CO, with her on the brief) for Defendant-Appellant., James C. Murphy, Assistant United States Attorney (William J. Leone, United States Attorney, and Matthew T. Kirsch, Assistant Untied States Attorney, with him on the brief), Office of the United States Attorney, Denver, CO, for Plaintiff-Appellee.