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UNITED STATES v. HERZOG

No. 79-5219.

632 F.2d 469 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Martin D. HERZOG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 12, 1981.

Attorney(s) appearing for the Case

Terry H. Gilbert, Cleveland, Ohio, for defendant-appellant.

Judy S. Rice, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before BROWN, TJOFLAT and GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 12, 1981.

GARZA, Circuit Judge:

Martin D. Herzog was convicted by a jury of willfully supplying false or fraudulent income tax withholding exemption statements to his employers in violation of section 7205 of the Internal Revenue Code.1 He contends on appeal: (i) that the trial court committed plain error in failing to charge the jury on an...

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