IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20581
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MORRIS SYLVESTER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-H-95-84-1
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February 11, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Morris Sylvester appeals his conviction for conspiracy, wire
fraud, mail fraud, and money laundering. Sylvester contends that
the district court abused its discretion by admitting evidence
that Kirkwood USA Enterprises (“Kirkwood”) did not file income
tax information for the year 1992. Sylvester contends that the
Government produced the evidence to create an inference that he
had knowledge of Kirkwood’s illegal activities. Sylvester
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 96-20581
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contends that this evidence was irrelevant because he was not the
listed owner of Kirkwood and had no duty to report to the
Internal Revenue Service.
“We review questions concerning the admissibility of
evidence for abuse of discretion.” United States v. Giraldi, 86
F.3d 1368, 1375 (5th Cir. 1996) (citation omitted). The district
court’s admission of the evidence was not an abuse of discretion.
AFFIRMED.