UNITED STATES of America, Plaintiff-Appellee, v. Shearn MOODY, Jr., Defendant-Appellant
Court of Appeals for the Fifth Circuit
1Opinion of the Court
BARKSDALE, Circuit Judge:
Shearn Moody, Jr. (Moody), appeals his convictions for: (1) concealing property belonging to his bankruptcy estate, in violation of 18 U.S.C. § 152 ¶ 1 (Count 1); and (2) subsequent to the initiation of his bankruptcy proceeding, concealing his property with intent to defeat the provisions of title 11, in violation of § 152 Í17 (Count 2). Primarily at issue are whether the charges are inconsistent, requiring reversal, and whether § 152 ¶ 7 applies only to pre-bankruptcy petition activity. While the Counts may have been multiplicitous (an issue not before us), they…
2Cases cited27 opinions
- Hamling v. United StatesSupreme Court of the United States · 1974
- Russell v. United StatesSupreme Court of the United States · 1962
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Milanovich v. United StatesSupreme Court of the United States · 1961
- United States of America and Revenue Agents Clarence H. Isabel and John S. Reid of the Internal Revenue Service v. The El Paso CompanyCourt of Appeals for the Fifth Circuit · 1982
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