UNITED STATES v. CHOATE

No. 76-3486.

576 F.2d 165 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis Roy CHOATE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 6, 1978.


Attorney(s) appearing for the Case

Carleton D. Powell (argued), Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Richard G. Sherman (argued), Los Angeles, Cal., for defendant-appellee.

Timothy B. Flynn, Fred Okrand, Los Angeles, Cal., for amici curiae.

Before CUMMINGS, HUFSTEDLER and WALLACE, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 6, 1978.

CUMMINGS, Circuit Judge.

On August 21, 1974, a two-count indictment was returned against defendant, then a resident of Long Beach, California. Count One charged that defendant filed a false individual income tax return for 1970, listing his adjusted gross income as $4,681 instead of the correct figure of $32,581, in violation of 26 U.S.C. § 7201. Count Two charged a similar violation for the year 1971...

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