United States First Circuit

Denial of motion for a new trial in a tax evasion case is affirmed where there was no plain error in trial court's failure to raise a tax-exempt organization defense and instruct the jury on the defense sua sponte since the defendant never requested the defense and it conflicted with the defense theory actually relied upon.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John J.E. Markham, II, with whom Markham & Read was on brief, for appellant.


• For Appellees:
  
• Michael J. Pineault, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney was on brief, for appellee.