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UNITED STATES v. CHOATE

No. 79-1505.

619 F.2d 21 (1980)

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

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 3, 1980.

Attorney(s) appearing for the Case

Richard G. Sherman, Los Angeles, Cal., for defendant-appellant.

Thomas J. Nolan, Asst. U. S. Atty., Los Angeles, Cal., on brief; Andrea Sheridan Ordin, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and ALARCON, Circuit Judges, and TEMPLAR, District Judge.

PER CURIAM.

This is the third appeal to this court involving a two-count indictment in which defendant-appellant was charged in each count with income tax evasion. Twice, motions of defendant to dismiss were sustained by the trial court and in each instance, the dismissals were reversed. (United States v. Choate, 527 F.2d 748 (9th Cir. 1975) (I), and United States v. Choate...

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