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U.S. v. DAVIS

Nos. 89-5629, 89-5641.

958 F.2d 47 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy A. DAVIS, Defendant-Appellant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Robert N. Pollard, III, Christian, Markham & Dolbeare, Richmond, Va., argued, for defendant-appellant.

Phillip Blair Scott, Asst. U.S. Atty., Charleston, W.Va., argued (Michael W. Carey, U.S. Atty. and Mary S. Feinberg, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before WIDENER and HALL, Circuit Judges, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

PER CURIAM:

Alleging that he was arraigned without counsel contrary to the requirements of the Sixth Amendment, Tommy A. Davis, a tax protestor, appeals his convictions on three misdemeanor counts of willful failure to file an income tax return in violation of 26 U.S.C. § 7203.1 The United States contends that the court's failure to appoint counsel before Davis' arraignment was harmless error. We find Davis unjustifiably...

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