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UNITED STATES v. WARNER

No. 19743.

428 F.2d 730 (1970)

UNITED STATES of America, Appellee, v. Robert G. WARNER, Appellant.

United States Court of Appeals, Eighth Circuit.

As Amended on Denial of Rehearing July 10, 1970.

Rehearing Denied July 20, 1970.

Attorney(s) appearing for the Case

Grove G. Sweet, St. Louis, Mo., for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee; Daniel Bartlett, Jr., U. S. Atty., and Irvin L. Ruzicka, Asst. U. S. Atty., on brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

Rehearing En Banc Denied July 20, 1970.

GIBSON, Circuit Judge.

Robert G. Warner appeals from a jury verdict finding him guilty of five counts of aiding, abetting, counseling and advising the preparation and filing of false and fraudulent income tax returns in violation of 26 U.S.C. § 7206(2). The original indictment consisted of 14 counts of which the Government dismissed four and the jury acquitted on five. The Court imposed a sentence of 9 months in...

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