No. 71-1950.

485 F.2d 248 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil J. BISHOP, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 18, 1973.

Attorney(s) appearing for the Case

J. Richard Johnston (argued), Robert H. Solomon, Johnston, Klein, Horton & Solomon, Oakland, Cal., for defendant-appellant.

John P. Burke (argued), Scott P. Crampton, Asst. Atty. Gen., Fred B. Ugast, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., John P. Hyland, U. S. Atty., Sacramento, Cal., John J. Kilgariff, Meyer T. Rothwacks, Richard B. Buhrman, Joseph H. Reiter, Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before ELY and WRIGHT, Circuit Judges, and POWELL, District Judge.


This case has previously been before this court. United States v. Bishop, 455 F.2d 612 (9 Cir. 1972). Certiorari was granted. 409 U.S. 841, 93 S.Ct. 64, 34 L.Ed.2d 79. The decision was reversed and the case remanded. 412 U.S. 346, 93 S.Ct. 2008, 36 L.Ed.2d 941 (1973). The remand directs consideration of two claims of error not reached in the prior disposition. They are that: (1) The court...

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