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NEIDINGER v. UNITED STATES

No. 80-5132.

647 F.2d 408 (1981)

Andrew C. NEIDINGER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 17, 1981.

Attorney(s) appearing for the Case

Henry L. Belsky, Baltimore, Md. (Steinberg, Schlachman, Potler, Belsky & Weiner, P. A., Baltimore, Md., Joseph L. Ely, Indian Head, Md., on brief), for appellant.

Edward M. Norton, Jr., Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., Baltimore, Md., on brief), for appellee.

Before BUTZNER, PHILLIPS, and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Andrew Neidinger appeals the modified sentence imposed upon him by the district court for willful failure to file a federal income tax return for 1974, in violation of 26 U.S.C. § 7203. Neidinger was originally sentenced on July 3, 1980 to one year of imprisonment, on the condition that he be confined in the Montgomery County Detention Center for thirty days and placed on work release. The district court suspended execution of the remainder...

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