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UNITED STATES v. PENELLO

No. 81-5126.

668 F.2d 789 (1982)

UNITED STATES of America, Appellant, v. Julian A. PENELLO, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 22, 1982.

Attorney(s) appearing for the Case

Larry W. Shelton, Asst. U. S. Atty., Norfolk, Va. (Justin W. Williams, U. S. Atty., Alexandria, Va., on brief) for appellant.

George H. Bowers, Jr., Norfolk, Va. (Breeden, Howard & MacMillan, Norfolk, Va., on brief) and Stanley E. Sacks, Norfolk, Va. (Sacks, Sacks & Larkin, Norfolk, Va., on brief) for appellee.

Before WINTER, Chief Judge, and WIDENER and K. K. HALL, Circuit Judges.

PER CURIAM:

Julian Penello was indicted for four counts of tax evasion and four counts of subscribing to false income tax returns in violation of 26 U.S.C. § 7201 and § 7206(1). His first trial ended in a hung jury. Before the second trial, the district court held a suppression hearing to review the evidence and ordered the government to exclude the testimony of an IRS agent concerning a statement made by Penello. The government filed an appeal pursuant...

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