CASTLE, Circuit Judge.
James W. Tolbert, Sr., the defendant-appellant, prosecutes this appeal from a judgment of conviction and sentence entered upon a jury verdict finding him guilty of attempted evasion of income tax in violation of 26 U.S.C.A. § 7201 as charged in both counts of the indictment. The defendant was sentenced to imprisonment for a period of one year and one day on each count, to be served concurrently, and was fined $5000 on each count.
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