Patrick Carlin Hickey, et al. - Page 12

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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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