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US v. Chaudhry, No. 09-10381

By FindLaw Staff on January 03, 2011 3:21 PM

Appeal from Tax Fraud Sentence Dismissed

In US v. Chaudhry, No. 09-10381, the government's appeal from the district court's decision not to impose a provisional sentence for defendant's tax fraud, the court dismissed the appeal where  the court lacked appellate jurisdiction to review a district court's decision not to impose a provisional sentence until the defendant was competent to be sentenced.

 

As the court wrote:  "This appeal presents the question of whether we have appellate jurisdiction to review a district court's decision not to impose a provisional sentence until the defendant is competent to be sentenced. We conclude that we lack appellate jurisdiction and dismiss the appeal."

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