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BURKE v. UNITED STATES

No. 5792.

293 F.2d 398 (1961)

John J. BURKE, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

August 10, 1961.

Attorney(s) appearing for the Case

Solomon Sandler, Gloucester, Mass., for appellant.

Harold Lavien, Asst. U. S. Atty., Boston, Mass., with whom Elliot L. Richardson, U. S. Atty., and Thomas P. O'Connor, Asst. U. S. Atty., Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

Defendant-appellant, John J. Burke, Jr., was found guilty by a jury on four counts of an indictment charging him with willfully and knowingly attempting to evade and defeat a large part of the income tax due and owing by him to the United States of America by filing false and fraudulent income tax returns.1 The district court entered judgment on December 16, 1960 and imposed a fine of $2,500 and imprisonment for...

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