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Friday, April 23, 2004
Indiana Decisions - Among today's 7th Circuit rulings posted
In VOELKER, FRANK T. v. NOLEN, CATHERINE, a per curiam opinion of the panel affirms Judge Hamilton's (SD Ind.) dismissal of tax protestor Frank Voelker's suit claiming that three Internal Revenue Service agents violated his due process rights. The district court dismissed the suit for lack of subject matter jurisdiction, determining that the case should have been brought in the United States Tax Court.
The 19-page USA v. SNOOK, RONALD opinion, by Judge Rovner, deals with Clean Water Act violations:
A jury found Ronald Snook guilty of one count of conspiring to defraud the federal government by violating the Clean Water Act, 18 U.S.C. § 371, 33 U.S.C. §§ 1317(d) and 1319(c)(2)(A), and five counts of concealing material information regarding a matter within the jurisdiction of the federal government, 18 U.S.C. § 1001(a)(1). He was sentenced to concurrent terms of 21 months’ imprisonment, concurrent terms of two years of supervised release, a $1,000 fine, and $600 in special assessments. On appeal he challenges two evidentiary rulings, allegedly improper statements by the prosecution during closing arguments, and a two level increase in his offense level for abusing a position of trust, U.S.S.G. § 3B1.3. We affirm in all respects.
Posted by Marcia Oddi on April 23, 2004 01:11 PM
Posted to Indiana Decisions