United States Second Circuit

Order dismissing count of indictment, charging defendant with obstructing and attempting to obstruct the IRS in the administration of the federal income tax laws, on the ground of multiplicity, is vacated as dismissal was at best premature.

Appellate Information

• Decided 07/27/2006
• Published 07/27/2006

Judges

• PER CURIAM., Before KEARSE, CALABRESI, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stanley J. Okula, Jr., Assistant United States Attorney, New York, New York (Michael J. Garcia, United States Attorney for the Southern District of New York, Katherine Polk Failla, Assistant United States Attorney, New York, New York, on the brief), for Appellant.


• For Appellees:
  
• Michael T. Sullivan, Valley Stream, New York (Jared J. Scharf, Riconda & Garnett, Valley Stream, New York, on the brief), for Defendant-Appellee.