JACKSON, Miss. (AP) – A former Jackson strip club owner will be resentenced after a federal appeals court threw out 1 of 2 counts of tax evasion on which he was convicted in 2007.

Jon Adams was convicted on two counts of tax evasion and was sentenced to 18 months for failing to pay nearly $344,000 in income taxes related to returns filed in 1999 and 2000.

A panel of the 5th U.S. Circuit Court of Appeals on Tuesday threw out Adams’ conviction related to the 1999 return. The panel’s 2-1 majority said the government’s indictment was flawed.

The panel upheld Adams’ conviction related to the 2000 tax return and order him resentenced on the one count.