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UNITED STATES v. DeNIRO

Nos. 17053-17055.

392 F.2d 753 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Frank DeNIRO, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael DeNIRO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Louis DeNIRO, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 15, 1968.

Attorney(s) appearing for the Case

James J. Carroll, Cleveland, Ohio, for appellants; Samuel E. Karam, Youngstown, Ohio, on brief.

John P. Burke, Atty., Dept. of Justice, Washington, D. C., for appellee; Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., on brief; Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, of counsel.

Before WEICK, Chief Judge, and PECK and COMBS, Circuit Judges.

WEICK, Chief Judge.

The three DeNiro brothers, appellants here, waived a jury and were tried in the District Court on a five-count indictment charging them with (1) conspiracy; (2) attempted evasion of federal estate taxes; and (3), (4) and (5) making false statements to Internal Revenue Agents, in violation of 18 U.S.C. § 371, 26 U.S.C. (1964 ed.) § 7201, and 18 U.S.C. § 1001. At the close of the Government's case the DeNiros moved for judgments of...

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