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UNITED STATES v. GARCIA

No. 76-4255. Summary Calendar.

553 F.2d 432 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Y. GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 2, 1977.

Attorney(s) appearing for the Case

James A. Moore, Ray B. Martin, Robert C. Hunt, Houston, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Defendant's convictions for making false statements on his tax returns are affirmed. 26 U.S.C.A. § 7206(1).

The trial court did not abuse its discretion in refusing to dismiss the indictment because the trial took place a year after arraignment, rather than within 120 days as required by the District Court's Rule 50(b) Plan for Achieving Prompt Disposition of Criminal Cases of the Southern District of Texas. United States v. Clendening...

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