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Earlier this year, Judge Robinson refused to rule on the prosecutors’ request, saying the probation office, not the U.S. Attorney’s Office, should file the motion to revoke probation.

However, after prosecutors appealed, Chief Judge Thomas Hogan ordered Judge Robinson to consider the prosecution’s case on its merits.

Ultimately, Judge Robinson ruled that even if Mr. Barry knew he was supposed to file his 2005 tax returns, it’s unclear whether he acted willfully.

She cited several legal rulings, including one requiring “bad purpose or evil motive” to establish willful behavior.

Prior to the hearing, Mr. Barry appeared in good spirits, though he later said “you’re always nervous.”