Block on Trump's Asylum Ban Upheld by Supreme Court
Conviction for obstructing the administration of the IRS, filing false IRS forms, and passing phony financial instruments with the intent to defraud is affirmed where: 1) the delays in defendant's trial did not violate the Speedy Trial Act as the the district court was permitted to exclude at least thirty days to resolve multiple pretrial motions; 2) the indictment for defendant's conviction for obstructing the due administration of the IRS is not duplicitous as the indictment solely charges a violation of the omnibus clause of 26 U.S.C. sec. 7212(a); 3) the indictment sufficiently charged that defendant willfully made and subscribed false statements on IRS forms in violation of 26 U.S.C. sec. 7206(1); and 4) the court correctly applied Daubert and allowed the expert testimony.
Appeal from the United States District Court for the Eastern District of Wisconsin.
Argued September 9, 2008
Decided August 12, 2009
Before FLAUM, WILLIAMS, and SYKES, Circuit Judges.
Opinion by WILLIAMS, Circuit Judge.