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UNITED STATES v. BURSTEN

Nos. 30224, 71-2139.

453 F.2d 605 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard L. BURSTEN, Defendant-Appellant (two cases).

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 9, 1972.

Attorney(s) appearing for the Case

Virgil M. Wheeler, Jr., New Orleans, La., Jesse G. Silverman, Jr., New York City, Andrew C. Hall, Hugh W. Gibert, Atlanta, Ga., David W. Walters, Miami, Fla., Sehrt, Boyle, Wheeler & Butler, New Orleans, La., and Roberts & Holland, New York City, for defendant-appellant.

Robert W. Rust, U.S. Atty., Miami, Fla., Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Atty., Joseph M. Howard, Acting Atty., John M. Brant, Atty. Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and PHILLIPS and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 9, 1972.

INGRAHAM, Circuit Judge:

The direct appeal from appellant Bursten's conviction for violation of 26 U.S.C. § 7201 is the subject of appeal No. 30224. Appeal No. 71-2139 is an appeal from the denial of appellant's motion for a new trial. These appeals have been consolidated at the request of the parties.

The conviction at issue followed this court's reversal of appellant's prior conviction on...

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