United States Second Circuit

Defendant's conviction for filing false federal excise tax returns is vacated where district court allowed argumentative summations at the conclusion of each witness's testimony and deprived defendant of a fair trial.

Appellate Information

• Decided 10/17/2005
• Published 10/17/2005

Judges

• WINTER, Circuit Judge., Before:  WINTER, SOTOMAYOR, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeremy Gutman, New York, New York for Defendant-Appellant., Gregory Victor Davis, Attorney, Department of Justice Tax Division, (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Eileen J. O'Connor, Assistant Attorney General, Robert E. Lindsay and Alan Hechtkopof, Attorneys, Department of Justice Tax Division, on the brief), Washington, D.C., for Appellee.