United States v. David L. Smith, United States of America v. Herbert A. Bates

MICHAEL DALY HAWKINS, Circuit Judge:

Defendants David Larry Smith (“Smith”) and Herbert Arthur Bates (“Bates”) appeal their convictions on multiple counts of tax fraud, mail and wire fraud, money laundering, and conspiracy, as well as their sentences. Defendants challenge: (1) arraignment by a magistrate judge, (2) multiplicity of the indictment resulting in a multiplicitous sentence on the three conspiracy counts, (3) an indictment passed on by grand jurors not questioned about their feeling towards the IRS, (4) denial of a suppression motion based on alleged defects in the arrest and search…