Ellis E. Neder, Jr. - Page 7

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               2.   Conviction and Sentencing                                         
               Petitioner was convicted of conspiracy to defraud a                    
          financial institution, bank fraud, mail fraud, wire fraud, making           
          false statements to financial institutions, racketeering, and               
          filing false tax returns for 1985 and 1986.  He was sentenced to            
          12 years and 3 months in prison and 5 years of probation, and he            
          was ordered to make restitution totaling more than $25 million to           
          various financial institutions.  Petitioner’s prison sentence               
          included 3 years for filing a false tax return for 1985.                    
               3.   Petitioner’s Criminal Appeals                                     
               The United States Court of Appeals for the Eleventh Circuit            
          affirmed petitioner’s convictions.  United States v. Neder, 136             
          F.3d 1459 (11th Cir. 1998).  The United States Supreme Court (1)            
          held that an error in jury instructions relating to the charge              
          that petitioner had filed false tax returns under section 7206(1)           
          for 1985 and 1986 was harmless; (2) affirmed petitioner’s                   
          convictions under section 7206(1) for 1985 and 1986; and (3)                
          reversed and remanded various non-tax counts for determinations             
          whether certain errors were harmless.  Neder v. United States,              
          527 U.S. 1 (1999).  On remand, the Court of Appeals held that the           
          errors with regard to petitioner’s non-tax convictions were                 
          harmless and affirmed those convictions.  United States v. Neder,           
          197 F.3d 1122 (11th Cir. 1999).                                             







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