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UNITED STATES v. TOLER

No. 30264.

440 F.2d 1242 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James R. TOLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 22, 1971.

Attorney(s) appearing for the Case

John R. Parkhill, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., William M. James, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

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

PER CURIAM:

James R. Toler was charged in an information with violating 42 U.S.C.A. § 408(c) by filing a false medical report in connection with a claim for Social Security benefits. Following a jury trial in the District Court he was convicted and sentenced to imprisonment for one year.

In reviewing the facts linking the defendant with the report the prosecutor in closing rebuttal argument said — without objection of any kind — that "at...

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