United States of America, Appellant/cross-Appellee v. Jerry Lee Harvey, Appellee/cross-Appellant

ARNOLD, Circuit Judge.

Jerry Lee Harvey was convicted of one count of conspiracy to impede the Internal Revenue Service’s collection of income taxes. Harvey received a five-year prison sentence and a $10,000 fine, the maximum penalty for violation of 18 U.S.C. § 371. The United States sought a lengthier sentence under the dangerous-special-offender (DSO) sentencing provisions, 18 U.S.C. § 3575, but the District Court dismissed the government’s DSO notice, and the government appeals. Harvey has filed a cross-appeal alleging numerous errors in his trial, primarily the government’s improper use…