No. 80-1113.

638 F.2d 182 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Gary A. RICKMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 5, 1980.

Attorney(s) appearing for the Case

Francis M. Wikstrom, Ogden, Utah (James P. Buchele, U. S. Atty., John Oliver Martin, Asst. U. S. Atty., Topeka, Kan., with him on brief), for plaintiff-appellee.

Donald W. MacPherson, Phoenix, Ariz. (Mark Richard McClellan and Grant & MacPherson, Phoenix, Ariz., with him on briefs), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Defendant-appellant, a tax protestor, was found guilty by a jury on a two-count charge of wilfull failure to file federal income tax returns for 1975 and 1976 in violation of 26 U.S.C. § 7203. We affirm.

The first claim for reversal is that his prosecution was unconstitutionally selective and discriminatory. Defendant was employed by the Kansas City, Kansas, Community Junior College...


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