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United States Eighth Circuit


US v. Midkiff, 08-3493

Defendant's convictions for conspiracy, mail and wire fraud, and failure to file tax returns are affirmed where: 1) tax charges may be joined with fraud charges if the unreported income arises solely and directly out of the fraudulent scheme; 2) although "prior bad acts" testimony about defendant's prior ventures should not have been admitted, the error was harmless; and 3) the district court properly calculated the guidelines range and recognized that the guidelines were advisory.

Appellate Information

  • Decided 07/16/2010
  • Published 07/16/2010

Judges

  • Roger L. Wollman

Court

  • United States Eighth Circuit

Counsel

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