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UNITED STATES v. BIRNS

No. 17790.

395 F.2d 943 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Alex Shondor BIRNS, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 9, 1968.

Attorney(s) appearing for the Case

James R. Willis, Cleveland, Ohio, for appellant.

Robert J. Rotatori, Cleveland, Ohio, Merle M. McCurdy, U. S. Atty., Bernard J. Stuplinski, Asst. U. S. Atty., Cleveland, Ohio, on brief, for appellee.

Before EDWARDS, PECK, and McCREE, Circuit Judges.

McCREE, Circuit Judge.

This is an appeal from a conviction under an indictment charging, in three counts, violations of 26 U.S.C. § 7206 (1).1

Appellant had been convicted many years previously for income tax fraud and had been sentenced for three years which he served in prison without parole. As an incident of this conviction, the Government had obtained a substantial civil judgment against him for his tax liability. The...

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