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UNITED STATES v. SCHIPANI

No. 692, Docket 33157.

414 F.2d 1262 (1969)

UNITED STATES of America, Appellee, v. Joseph F. SCHIPANI, Appellant.

United States Court of Appeals Second Circuit.

Decided August 11, 1969.

Attorney(s) appearing for the Case

Jacob F. Lefkowitz, New York City (Abraham Glasser, New York City, of counsel), for appellant.

Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Joseph Howard, Cono R. Namorato, Janet R. Spragens, Attys., Dept. of Justice, Washington, D. C. (Vincent T. McCarthy, U. S. Atty., for the Eastern District of New York, Jerome C. Ditore, Asst. U. S. Atty., of counsel), for appellee.

Before HAYS and FEINBERG, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

This is an appeal from a judgment of conviction entered December 6, 1968, after trial without a jury, on five counts of willful income tax evasion through failure to file returns for the years 1956-1960 inclusive, in violation of 26 U.S.C. § 7201.1

Appellant was first found guilty of the same offenses, after a non-jury trial,2

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