No. 78-5152.

587 F.2d 5 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony D. GIACALONE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 6, 1978.

Rehearing and Rehearing Denied February 7, 1979.

Attorney(s) appearing for the Case

Ivan E. Barris, Barris, Golob & Pritchard, David F. DuMouchel, Detroit, Mich., for defendant-appellant.

James K. Robinson, U. S. Atty., Detroit, Mich., Arnold G. Shulman, Detroit Strike Force, U. S. Dept. of Justice, Detroit, Mich., Carolyn L. Gaines, Washington, D. C., for plaintiff-appellee.

Before CELEBREZZE and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 7, 1979.

MERRITT, Circuit Judge.

Following a jury trial, the defendant, Giacalone, was convicted of three counts of making false declarations, in violation of 18 U.S.C. § 1623, before a grand jury pursuing a tax evasion investigation of his father, and one count of perjury in violation of 18 U.S.C. § 1621, at his father's trial. He was sentenced by Judge Churchill to concurrent terms of eighteen months...

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