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IACHINO v. UNITED STATES

No. 29884 Summary Calendar.

437 F.2d 92 (1971)

Alfonzo Fred IACHINO, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

February 4, 1971.

Attorney(s) appearing for the Case

Bernard S. Dolbear, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., E. D. of La., Richard M. Olsen, Asst. U. S. Atty., New Orleans, La., Douglas R. Fortney, Dallas, Tex., Atty. for Regional Counsel I. R. S., on brief for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Alfonzo Fred Iachino was found guilty by a jury on three counts of an indictment charging a violation of 26 U.S.C. § 7201 for knowingly and willfully attempting to evade and defeat the wagering excise tax imposed by 26 U.S.C. § 4401 by filing and causing to be filed a false and fraudulent wagering excise tax return. On this appeal he makes the following contentions: (1) he could not possess the requisite scienter to commit the crimes charged...

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