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UNITED STATES v. CARINI

No. 1423, Docket 77-1167.

562 F.2d 144 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Louis CARINI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 30, 1977.

Attorney(s) appearing for the Case

David G. Larimer, Rochester, N. Y., for defendant-appellant.

Gerald J. Houlihan, Asst. U. S. Atty., Rochester, N. Y. (Richard J. Arcara, U. S. Atty., W.D.N.Y., Rochester, N. Y., of counsel), for plaintiff-appellee.

Before WATERMAN and MESKILL, Circuit Judges, and COFFRIN, District Judge.

WATERMAN, Circuit Judge:

This is an appeal from a judgment order of the United States District Court for the Western District of New York, Burke, J., convicting appellant Carini, following a jury trial, of having violated 26 U.S.C. § 7512(b) by failing to deposit, into a trust account, taxes which had been withheld from the paychecks of employees of Carini Construction Company, a corporation of which Carini is president. There are only two issues raised on appeal...

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