UNITED STATES v. MILLICAN

No. 78-5395 Summary Calendar.

600 F.2d 273 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest M. MILLICAN, Jr., Defendant-Appellant.

United State Court of Appeals, Fifth Circuit.

Rehearing Denied October 9, 1979.


Attorney(s) appearing for the Case

Ernest M. Millican, Jr., pro se.

Arnaldo N. Cavazos, Jr., Asst. U. S. Atty., Dallas, Tex., Robert E. Lindsay, Atty., M. Carr Ferguson, Asst. Atty. Gen., James A. Bruton, Atty., Gilbert E. Andrews, Chief, Appellate Sec., Dept. of Justice, Tax Div., Washington, D. C., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


RONEY, Circuit Judge:

Defendant Ernest Millican was convicted after a jury trial of wilfully failing to file a federal income tax return in violation of the Internal Revenue Code, 26 U.S.C.A. § 7203, and sentenced to one year in prison. His pro se appeal argues several points.

Among other things, the defendant argues he was denied a pretrial showing of probable cause because he appeared in court in response to a summons rather than an arrest warrant...

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