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UNITED STATES v. RUBINO

No. 19621.

431 F.2d 284 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew RUBINO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 30, 1970.

Attorney(s) appearing for the Case

Carl Ziemba, Detroit, Mich., for defendant-appellant; Joseph W. Louisell, Detroit, Mich., on brief.

Richard B. Buhrman, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee; Johnnie M. Walters, Asst. Atty. Gen., Joseph M. Howard, Atty., Dept. of Justice, Washington, D. C., on brief; James H. Brickley, U. S. Atty., Detroit, Mich., of counsel.

Before PHILLIPS, Chief Judge, and PECK and BROOKS, Circuit Judges.

PHILLIPS, Chief Judge.

Defendant-appellant (usually hereinafter "Rubino") was found guilty by jury verdict of each count of a four-count indictment charging willful attempt to evade and defeat his individual income taxes for the years 1958 through 1961. The trial extended over a period of nine weeks and Rubino was sentenced to two and one-half years imprisonment on each count, the sentences to run consecutively, and was fined $10,000 on each. His motion for a new...

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