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Legal Opinion

United States v. David Montgomery

Court of Appeals for the Fifth Circuit

Decided March 28, 2014No. 12-20741PublishedCited by 9 opinions

1Opinion of the Court

JENNIFER WALKER ELROD, Circuit Judge:

Following a jury trial, defendants David and Bridget Montgomery, husband and wife, were convicted of conspiracy to avoid federal income tax and of filing false tax returns. The Montgomerys argue on appeal that the district court incorrectly instructed the jury on the willfulness element of the charged tax offenses and incorrectly calculated the total tax loss resulting from the offenses. There being no reversible error, we AFFIRM.

I

The Montgomerys owned and operated Montgomery’s Contracting L.L.C., a sole proprietorship that earned revenue by building…

2Cases cited25 opinions

  1. Cheek v. United StatesSupreme Court of the United States · 1991
  2. Messerschmidt v. MillenderSupreme Court of the United States · 2012
  3. Mathis v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
  4. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
  5. United States v. PomponioSupreme Court of the United States · 1976

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3Cited by9 opinions

  1. United States v. Aaron WikkerinkCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Quincy Richard, Sr.Court of Appeals for the Fifth Circuit · 2014
  3. United States v. Julie GrantCourt of Appeals for the Fifth Circuit · 2017
  4. United States v. Ramona JohnsonCourt of Appeals for the Fifth Circuit · 2016
  5. United States v. Alexis Aguilar-AlonzoCourt of Appeals for the Fifth Circuit · 2019

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