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UNITED STATES v. JOHNSON

No. 75-2993.

530 F.2d 52 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy R. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1976.

Attorney(s) appearing for the Case

Edward T. M. Garland, Atlanta, Ga., Howard Moore, Jr., Oakland, Cal., for defendant-appellant.

John W. Stokes, U.S. Atty., John M. Turner, III, Gale McKenzie, Asst. U.S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.

DYER, Circuit Judge:

Johnson appeals his jury conviction for violating 18 U.S.C.A. § 10011 by providing a materially false affidavit to the Internal Revenue Service (IRS) in the course of an investigation of criminal tax fraud. We affirm.

In May, 1971, the IRS began a field audit of Johnson's tax returns for 1969. During this audit, discrepancies were found between the amount of Johnson...

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