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UNITED STATES v. DRISCOLL

No. 79-1266.

612 F.2d 1155 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Michael P. DRISCOLL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 8, 1980.

Attorney(s) appearing for the Case

William Dee Morris, Helena, Mont., for defendant-appellant.

Robert T. O'Leary, Butte, Mont., on brief, for plaintiff-appellee.

Before KENNEDY and ANDERSON, Circuit Judges, and von der HEYDT, District Judge.

KENNEDY, Circuit Judge:

In agreement with other circuits which have ruled upon the point, we hold the willful failure to file an income tax return as proscribed by 26 U.S.C. § 7203 (1976 & Supp. I 1977) is an offense for which the Government may proceed by information in lieu of grand jury indictment. United States v. Moss, 604 F.2d 569 (8th Cir. 1979); United States v. Kahl, 583 F.2d 1351

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