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UNITED STATES v. POMPONIO

No. 74-1758.

563 F.2d 659 (1977)

UNITED STATES of America, Appellee, v. Peter POMPONIO, Paul Pomponio, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Alan Y. Cole, Washington, D. C. (Lee A. Schutzman; Cole & Groner, Stuart E. Seigel, Cohen & Uretz, Washington, D. C., Philip J. Hirschkop and Leonard S. Rubenstein, Washington, D. C., Philip Hirschkop & Associates, Ltd., on brief), for appellants Peter Pomponio and Paul Pomponio.

Thomas K. Moore, Asst. U. S. Atty. (David H. Hopkins, U. S. Atty., Frank W. Dunham, Jr., Justin W. Williams, Asst. U. S. Attys., and Charles E. Brookhart, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., on brief) for appellee.

Before RUSSELL, FIELD and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

Peter and Paul Pomponio were convicted in the district court of willful evasion of federal income taxes for the years 1969, 1970, and 1971.1 Their appeal challenging the validity of the convictions is now before us for the second time. In United States v. Pomponio, 528 F.2d 247 (4th Cir. 1976), we reversed on the ground that the district court inadequately instructed the...

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