-12- 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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