The Fifth Circuit yesterday reversed the district court's tax evasion acquittal of Carl Herrera, who averaged 5.3 points per game in eight NBA seasons. United States v. Herrera, No. 08-50028 (5th Cir. Feb. 11, 2009)
A jury found Carl Herrera guilty of tax evasion. The district court granted Herrera's motion for judgment of acquittal and conditionally granted his request for a new trial. The government appeals both orders. We reverse the judgment of acquittal, affirm the grant of a new trial, and remand.
