FAGAN v. UNITED STATES

No. 75-3595.

545 F.2d 1005 (1977)

Lewis FAGAN, M.D., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1977.


Attorney(s) appearing for the Case

George D. Gold, Miami, Fla., for petitioner-appellant.

Robert W. Rust, U. S. Atty., David F. Geneson, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before BROWN, Chief Judge, and TUTTLE and TJOFLAT, Circuit Judges.


TUTTLE, Circuit Judge:

A jury convicted petitioner Fagan of three counts of tax evasion in violation of 26 U.S.C. § 7201 for the years 1964, 1965 and 1967. This Court affirmed the conviction on direct appeal, United States v. Fagan, 472 F.2d 1407 (5th Cir. 1973), and a subsequent motion for a new trial was denied by the trial court and affirmed on appeal, 487 F.2d 1400 (5th Cir. 1974).

This appeal contests the district court's denial of Fagan's...

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