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UNITED STATES v. HELINA

No. 74-3453.

549 F.2d 713 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. HELINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 4, 1977.

Attorney(s) appearing for the Case

John W. Flynn, argued, Stern, Gayton, Neubauer, Seattle, Wash., for defendant-appellant.

Stan Pitkin, U. S. Atty., Marvin L. Gray, Asst. U. S. Atty., argued, Seattle, Wash., for plaintiff-appellee.

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

OPINION

LUCAS, District Judge:

I. FACTS

Defendant was indicted on three counts of income tax evasion, in violation of 26 U.S.C. § 7201, and four counts of wilfully subscribing a false income tax return, in violation of 26 U.S.C. § 7206(1). Defendant was convicted by a jury on all seven counts. He now appeals from the judgment of conviction and urges as error:

(1) That the prosecution was permitted to comment upon the fact that...

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