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UNITED STATES v. SMITH

No. 73-2851. Summary Calendar.

493 F.2d 906 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Ray SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 23, 1974.

Attorney(s) appearing for the Case

William O. Callaway, Jr., Fort Worth, Tex., for defendant-appellant.

Frank D. McCown, W. E. Smith, Asst. U. S. Atty., Fort Worth, Tex., Scott P. Crampton, Asst. Atty. Gen., (Attention: John P. Burke) Meyer Rothwacks, John P. Burke, Charles E. Brookhart, Attys., Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Smith appeals from a conviction for failure to file an income tax return for 1971 in violation of Section 7203 of the Internal Revenue Code. He also appeals from the district court's denial of his motion under Rule 10(e), Fed.R.App.P., to modify the stipulation in the record in which he stated that he willfully and knowingly failed to make the required income tax return. On the merits Smith insists that the requirement...

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