USA v. John D. Stanton, III

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-13671
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D.C. Docket No. 8:12-cr-00343-VMC-AEP-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN D. STANTON, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(September 22, 2014)
Before HULL, MARCUS and HILL, Circuit Judges.
PER CURIAM:
After a jury trial, John Stanton, III appeals his convictions and sentences for
obstructing the administration of the internal revenue laws (Count One), 26 U.S.C.
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§ 7212(a) and 18 U.S.C. § 2; failing to timely file a corporate income tax return for
Denouement Strategies, Inc. (Counts Two and Three) and for Florida Engineered
Construction Products Corporation (Counts Four, Five, and Six), 26 U.S.C. § 7203;
and failing to timely file an individual income tax return (Counts Seven and Eight),
id.
On appeal, Stanton raises the following issues: (1) whether sufficient
evidence supported his conviction on Count One for corruptly endeavoring to
impede or obstruct the administration of the internal revenue laws; (2) whether he
was unconstitutionally convicted under § 7212(a) based on lawful conduct, or,
alternatively, whether that statutory provision is unconstitutionally vague and
overbroad; (3) whether sufficient evidence supported his convictions on Counts
Four through Six for failing to file corporate tax returns; (4) whether cumulative
error deprived him of a fair trial; and (5) whether the district court imposed a
procedurally and substantively reasonable sentence.
After review and oral argument, we conclude that all of the issues in this
appeal lack merit, and thus affirm Stanton’s convictions and sentences.
AFFIRMED.
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