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UNITED STATES v. GRABINSKI

No. 81-1812.

674 F.2d 677 (1982)

UNITED STATES of America, Appellee, v. John M. GRABINSKI, Appellant.

United States Court of Appeals, Eighth Circuit.

February 26, 1982.

Attorney(s) appearing for the Case

Donald W. MacPherson, Phoenix, Ariz., for appellant.

Michael L. Paup and John F. Murray, Tax Div., Criminal Section, Dept. of Justice, Washington, D. C., for appellee.

Before LAY, Chief Judge, HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges.

PER CURIAM.

In late 1980, defendant John M. Grabinski was indicted on a single count of failure to file income tax returns for the year 1976. The indictment was sought and returned in the Eastern District of Missouri. Grabinski moved for a change of venue to the District of Minnesota under Fed.R.Crim.P. 18 arguing that he was a resident of St. Paul, Minnesota at the time the returns at issue came due. The district court denied the motion. On March 23, 1981, however...

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