MENGARELLI v. UNITED STATES MARSHAL IN & FOR DIST. OF NEV.

No. 71-1621.

476 F.2d 617 (1973)

Albert MENGARELLI, Petitioner-Appellant, v. UNITED STATES MARSHAL IN AND FOR the DISTRICT OF NEVADA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1973.


Attorney(s) appearing for the Case

Carl F. Martillaro, Carson City, Nev., M. E. Balt, Weehawkin, N. J., for petitioner-appellant.

Bart M. Schouweiler, U. S. Atty., Las Vegas, Nev., for respondent-appellee.

Before MERRILL, TRASK and WALLACE, Circuit Judges.


MERRILL, Circuit Judge:

Following a jury trial, appellant was convicted of conspiracy to evade or defeat the federal excise tax imposed on wagers and to file false income tax returns. Judgment was affirmed on appeal. Mengarelli v. United States, 426 F.2d 985 (9th Cir. 1970). Appellant then sought to vacate his conviction under 28 U.S.C. § 2255. Following an evidentiary hearing his motion was denied, 325 F.Supp...

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