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United States Eleventh Circuit


US v. Clarke, 08-10038

Defendant's tax fraud conviction is affirmed, where: 1) there was no showing that African-Americans were excluded from the jury pool; 2) there was sufficient evidence that the underreporting was willful; and 3) the "tax loss" under U.S.S.G. section 2T1.1(c)(1) is the loss the defendant intends to create.

Appellate Information

  • Decided 03/20/2009
  • Published 03/20/2009

Judges

  • BIRCH, Circuit Judge:, Before BIRCH and PRYOR, Circuit Judges, and STROM, District Judge.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellees:
  • William C. White, II, The Cochran Firm Criminal Defense-Birmingham, LLC, James W. Parkman, III, Parkman, Adams & White, LLC, Birmingham, AL, for Defendant-Appellant., Michael Boysie Billingsley, Joyce White Vance, Asst. U.S. Atty., Birmingham, AL, Paul Nicholas Monnin, DLA Piper LLP (US), Atlanta, GA, for Plaintiff-Appellee.
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