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UNITED STATES v. WENINGER

No. 79-1161.

624 F.2d 163 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Roman G. WENINGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 26, 1980.

Rehearing Denied July 22, 1980.

Attorney(s) appearing for the Case

Lee D. Foreman of Haddon, Morgan & Foreman, Denver, Colo., for defendant-appellant.

William C. Danks, Asst. U. S. Atty., Denver, Colo. (Joseph Dolan, U. S. Atty., Denver, Colo., with him, on brief), for plaintiff-appellee.

Before BARRETT, PECK and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Weninger was convicted of a misdemeanor for failing to file federal income tax returns for the years 1973 and 1974 in violation of 26 U.S.C. § 7203. At trial, Weninger was permitted to appear pro se to conduct his defense. Weninger appeals to this court through an attorney, contending primarily that (1) his trial was conducted in violation of the Sixth Amendment because he was denied both the right to counsel and

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