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time in the Commissioner’s computer system that a criminal
investigation of petitioner was underway. On June 28, 1995,
Voorhees interviewed petitioner for the first time.
Subsequently, petitioner was indicted by the United States
for various tax offenses for 1989 through 1993, including for
each year income tax evasion under section 7201. During that
proceeding (criminal case), petitioner moved the District Court
to suppress evidence that he claimed was obtained in violation of
his constitutional rights. An evidentiary hearing was held as to
the motion, and on January 5, 1999, a magistrate judge issued a
report and recommendation (R&R) denying it. Nine days later,
petitioner objected to the R&R, and 18 days after that, the
United States responded to those objections. On February 9,
1999, the District Court overruled petitioner’s objections as
moot, accepted the R&R, and denied petitioner’s motion to
suppress as moot. The District Court’s actions followed
notification that petitioner would be pleading guilty to part of
the indictment. On or about March 8, 1999, petitioner pleaded
guilty to a single count of section 7201 tax evasion for 1993.
The other counts in the indictment were dismissed upon motion by
the United States.
After he had served his sentence stemming from his plea,
petitioner on or about November 5, 2002, petitioned the District
Court for a writ of error coram nobis pursuant to 28 U.S.C. sec.
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