False Tax Return Conviction Affirmed
In US v. Bishop, No. 09-20750, the court affirmed defendant's conviction for making a false statement in a tax return where 1) the trial court's core finding, moreover, that the government was not delaying the trial in order to gain an impermissible advantage at trial, was based on findings of fact that were not clear error; 2) the district court did not prospectively prevent defendant from emphasizing the elements of the government's case that she considered weakest; and 3) it was within the district court's discretion to decline to prolong its original proceedings to consider matters that would be better raised collaterally.
As the court wrote: "Appellant Gladys Bishop ("Bishop") was indicted on three counts of making a false statement in a tax return, in violation of 26 U.S.C. § 7206(1). She was convicted and sentenced to thirty-sixmonths in prison. Bishop appeals from the district court's denial of her pre-trial motion for dismissal of her indictment, the district court's alleged refusal to permit her to assert the defense of her choosing, and the district court's denial, without a hearing, of her motion for a new trial based on her claim of ineffective assistance of counsel."
- Read the Fifth Circuit's Decision in US v. Bishop, No. 09-20750